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« 



THE IOWA JOURNAL OF HISTORY 

AND POLITICS 



TIIK 



IOWA JOURNAL 




HISTOET AND POLITICS 




VOLUME XI 
1913 



PUBLISHED QUARTERLY BY 
THE STATE HISTORICAL SOCIETY OF IOWA 
IOWA CITY IOWA 
1913 




OF 




EDITOR 

BENJAMIN F. SHAMBAUGH 



PROFESSOR OF POLITICAL SCIENCE 
IN THE UNIVERSITY OF IOWA 



COPYRIGHT 1913 BY 
STATE HISTORICAL SOCIETY OE IOWA 



CONTENTS 
Number 1 — January 1913 

The Spanish Land Grants of Upper Louisiana 

Louis Pelzer 

History of Congressional Elections in Iowa 

Louis B. Schmidt 

Captain James Allen's Dragoon Expedition from Fort Des 
Moines, Territory of Iowa, in 1844 

Jacob Van der Zee 

Some Publications 

Americana — General and Miscellaneous 
Western 

Iowana 
Historical Societies 
Notes and Comment 
Contributors 

Number 2 — April 1913 

Forward Movements in Politics Since the Civil War 

Fred E. Haynes 147 

History of the Codes of Iowa Law 

IV — The Code of 1873 Clifford Powell 166 

An Eminent Foreigner's Visit to the Dutch Colonies of Iowa 

in 1873 Translated by Jacob Van der Zee 221 

The Capture of General Marmaduke by James Dunlavy an 



Iowa Private Cavalryman Thomas Julian Bryant 248 
Captain Edwin V. Sumner's Dragoon Expedition in the Ter- 
ritory of Iowa in the Summer of 1845 258 
Some Publications 268 
Americana — General and Miscellaneous 271 
Western 282 
Iowana 284 
Historical Societies 291 
Notes and Comment 300 
Contributors / 302 



3 
38 



68 
109 
111 
118 
120 
127 
138 
142 



vi 



CONTENTS 



Number 3 — July 1913 

History Made by Plain Men Louis Pelzer 307 

Episodes in the Early History of the Western Iowa Country 

Jacob Van der Zee 323 

History of the Codes of Iowa Law 

V — The Code of 1897 Clifford Powell 364 

Some Publications 444 

Americana — General and Miscellaneous 446 

Western 452 

Iowana 455 

Historical Societies 461 

Notes and Comment 471 

Contributors 474 

Number 4 — October 1913 

Some Hungarian Patriots in Iowa Lillian May Wilson 479 

Old Port Madison : Some Source Materials 517 

The Work of the Thirty-fifth General Assembly of Iowa 

Frank Edward Horack 546 

Some Publications 601 

Americana — General and Miscellaneous 603 

Western 612 

Iowana 614 

Historical Societies 620 

Notes and Comment 630 

Contributors 632 

Index 635 



I Iowa Journal 

HistoiyeovdPolitics 




Entered December 26 1902 at Iowa City Iowa as second-clasB matter under act of Congress of July 16 1894 









■ 


} AMIN;^;S H AMBAUG H ; ' 




1 

Assist 


? n.t E d itor, DAN E. CLARK $ 






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I'v Vi — v '.' '"H ^••■•^ 


4NUARY 1913 : No 1 




CONTENTS |f< 




! ."rrn o • > •'■■■ii • T 1 /~i 


rants of Upper Louisiana Louis Pelzer 


3 


-History of Oomrrepsi 


onal Elections in Iowa Louis B. Schmidt 


ip 8; 


Captain James Allen 


's Dragoon Expedition from Fort Des 




Moines, lemtOf 


ry of Iowa, in 1844 Jacob Van dee Zee 




Some Publications ; 1; 




lap 


Americana — General 


and Miscellaneous 4? . 'v ,: v 








|§8 5 


lowana . . > 




120 


Historical Societies 




127 


Notes and Comment 




138 


Contributors 




142 


SSflBfe,:; Copyright X9 


18 "by The State Historical Society of Iowa 





IOWA JOUBNAL OF HISTOEY AND POLITICS 

£aB'Ll8KK1> Q U A fi TEE h Y 



A9? IOWA CITY 



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THE IOWA JOURNAL OF HISTORY AND POLITICS 

JANUARY NINETEEN HUNDRED THIRTEEN 
VOLUME ELEVEN NUMBER ONE 



VOL. XI — 1 



\ 



/ 



/ 



THE SPANISH LAND GRANTS OF UPPER 

LOUISIANA 1 

From the beginning of the American government Con- 
gress has been compelled to deal with at least five distinct 
groups of foreign land claims, beginning with those in the 
Old Northwest and followed by those in the Territory 
South of the Ohio, the Louisiana Purchase, Florida, and the 
territory acquired from Mexico. 2 In the thirty-four years 
of Spanish domination in Louisiana thousands of land 
grants were made, and migration and settlement were stim- 
ulated. With the purchase of the territory in 1803 the 
United States fell heir to the confusion of the Spanish 
grants — a condition which required more than a half cen- 
tury of legislation and administration and a vast amount 
of litigation. 

THE SPANISH LAND POLICY 

The "Becopilacion de las Leyes de los Eeynos de las 
Indias" seems to be among the first documents relating to 
the royal trans-Atlantic domain of Spain. This set of or- 
dinances issued by King Carlos II on May 18, 1682, contains 
elaborate provisions relating to the disposal of the public 
domain. 3 By the royal regulation of 1754 the whole power 
of originating and confirming grants was transferred to the 
officers of the colonies. 4 Another ordinance issued in about 

1 Under the Spanish government the boundary between Upper and Lower 
Louisiana was the east and west line running through Hope Encampment, 
nearly opposite the Chickasaw Bluffs. — Stoddard '$ Sketches of Louisiana, p. 
205. 

2 Treat's The National Land System, 1785-1820, pp. 200, 201. 

3 American State Papers, Public Lands, Vol. V, pp. 536-638. 

4 American State Papers, Public Lands, Vol. V, pp. 655-657. 

3 



4 IOWA JOURNAL OF HISTORY AND POLITICS 



1768 by King Carlos III made the intendants the exclusive 
judges of the causes and questions that might arise "in the 
district of their provinces about the sale, composition, and 
grant of royal lands." 

Not until August 18, 1769, did Spain under the iron hand 
of Governor Don Alexander O'Reilly assume possession of 
the province of Louisiana. Governor 'Reilly was diligent 
in investigating the need of special regulations concerning 
the public lands : a considerable number of forts were vis- 
ited, the inhabitants were convened, and complaints and 
petitions were invited from the settlers relating to such 
subjects as surveys, grants, concessions, the extent of 
grants, mineral sites, salt springs, roads, and village pas- 
tures. 5 

Returning to New Orleans the Governor on February 18, 
1770, published twelve regulations which may be said to be 
the first which exhibit the general intention and policy of 
Spain in relation to the disposition of the public domain in 
Louisiana. These regulations received the approval of 
King Carlos III on February 24, 1770. 6 

All grants were to be made in the name of the king by the 
governor-general of the province who was required to ap- 
point a surveyor to fix the bounds of the grant in the 
presence of three other witnesses. These four persons were 
then to sign the survey, make three copies thereof, deposit 
one copy with the government, another with the governor- 
general, and the third with the grantee to be annexed to the 
titles of his grant. 

To each newly arrived family was to be granted on the 
Mississippi a tract six or eight arpents in front by forty 
arpents in depth. This would give them the benefit of the 

s Gayarre's History of Louisiana, Vol. Ill, pp. 32, 33. 

6 American State Papers, Public Lands, Vol. V, pp. 729, 730; American State 
Papers, Miscellaneous, Vol. I, pp. 376, 377. 



/ 

THE SPANISH LAND GRANTS 



5 



cypress woods. The grantees were required to construct, 
within three years, ditches to drain the land and embank- 
ments to keep out the water. Roads had to be constructed 
and a certain amount cleared of timber. No tract could be 
sold or alienated until these conditions had been fulfilled 
and even then only upon the written permission of the 
governor-general. Cattle were to be allowed to run at large 
from November 11 to March 15 and after July 1, 1771, it 
was to be lawful for anyone to hunt and kill the strayed 
cattle as game. 

Grave doubt has been expressed as to whether the land 
ordinances of Governor O'Reilly ever operated in Upper 
Louisiana. ' ' These laws ' ', declared Stoddard, < < were never 
considered in any other light than as general rules, liable 
to exceptions when cases occurred to justify them. . . 
Some of the commandants were stationed from three hun- 
dred to one thousand miles from the capital, and could not 
speedily communicate with the great officers of the crown." 7 
It was further urged that the successors of O'Reilly were 
no more bound by his regulations than is one legislature by 
its successor. 

Later, however, the Supreme Court of the United States 
declared that 'Reilly >s regulations were intended for the 
general government of subordinate officers and not to con- 
trol and limit the power of the person from whom they 
emanated. His successors, it was held, had become pos- 
sessed with all the powers which had been vested in Gov- 
ernor O'Reilly and a concession granted by them was as 
valid as any granted by 'Reilly. 8 And in 1836 an attorney 
for the United States declared : — 

7 Stoddard 's Sketches of Louisiana, pp. 249, 250. The author of this rather 
rare volume published iu 1812 was Captain Amos Stoddard who took formal 
possession of Upper Louisiana on March 10, 1804. The volume contains seven- 
teen chapters by an intelligent observer which describe the history, the govern- 
ment, the commerce, the religion, and the natural resources of the province. 

sDelassus vs. The United States, 9 Peters 117, 135, (1835). 



6 IOWA JOURNAL OF HISTORY AND POLITICS 

When we find the regulations of O'Reilly, .... in force in 
every other portion of Louisiana — when we find them constituting 
the only rules for making grants of land from the year 1770 until 
the transfer of the province to the United States — it is quite im- 
possible to believe there was one insulated district within that 
province governed by different laws, and where those regulations 
did not prevail. 9 

For the first twenty-five years of the Spanish occupation 
in Upper Louisiana the land policy of Spain was chaotic 
and systemless. Tracts of land were frequently occupied 
and cultivated without any concession. Villages such as 
St. Louis, New Madrid, and Ste. Genevieve had their com- 
mon fields in which each inhabitant who desired to do so 
owned and cultivated his separate lot. The villagers would 
in some places also be granted a commons which furnished 
a supply of fuel or in other cases pasturage for the cattle. 10 

Prior to 1770 several grants had already been made by 
French commandants of the region. In the three years be- 
ginning with 1770 sixty-four concessions had been made 
mostly to the French. These were surveyed by the order 
of the first commandant and comprised a total of 4800 
arpents. Even as late as 1788 not more than 6400 arpents 
had been actually surveyed in the district of St. Louis. 
These facts indicate that the land problem had not yet be- 
come one of pressing importance in the province. 11 

Concessions were often made but the surveys for them 
oftener lagged and the actual confirmations were few. 
Throughout the first twenty-five years of the Spanish occu- 
pation it appears that no concessions exceeded a league 
square and that they were issued upon the condition of 

9 Argument of E. K. Call for the Commissioner of the General Land Office, 
E. A. Brown. — American State Papers, Public Lands, Vol. VIII, pp. 796, 797. 

10 Bird vs. Montgomery, 6 Missouri 510, 524, (1840). 

11 Stoddard 's Sketches of Louisiana, p. 244. 



TIIM SPANISH LAND GRANTS 



7 



settlement and with a direct view to their cultivation or the 
raising of cattle. 12 

Surveyors were few and expensive to the scattered set- 
tlers ; the array of Spanish officials was not conducive to the 
quick dispatch of the public business, and the trip to New 
Orleans to secure the perfection of his title was too long, 
expensive and dangerous for the settler who for years had 
lived in undisturbed possession of his grant in New Madrid 
or in Cape Girardeau. 13 

Not until February 1795 was Antonio Soulard appointed 
as the first Surveyor General for the district of Upper 
Louisiana. 14 Deputies were appointed in the various dis- 
tricts, fees were regularly collected, and an office was opened 
for the registration of land titles. This is the beginning of 
a new era in the Spanish land policy and from this time on 
the administration of the royal domain is more rigid and 
systematic. 

About this time the stream of migration to Upper Louisi- 
ana began to widen and to quicken. To counteract the 
danger from the English in Canada most liberal induce- 
ments were offered to the Americans, whose hostility to the 
English, it was believed, would bind them to the Spanish. 
The free and extensive grants, their fertility, and the pros- 
pect of mineral wealth soon drew thousands of Americans 
into the steady current of migration to Missouri. 15 The 
importance of the land policy in Upper Louisiana increased, 
of course, as the population of the province swelled. 

Twenty-seven years after the formal occupation of 
Louisiana by the Spanish the Governor, Manual Gayoso de 

12 American State Papers, Public Lands, Vol. VIII, p. 797. 

isHouck's A History of Missouri, Vol. II, pp. 219, 220; American State 
Papers, Public Lands, Vol. VIII, p. 21. 

Stoddard's Sketches of Louisiana, p. 248. 
is Stoddard's Sketches of Louisiana, p. 249. 



8 IOWA JOURNAL OF HISTORY AND POLITICS 

Lemos, issued (September 9, 1797) a set of supplemental 
instructions for the distribution of the royal domain. 10 
New settlers, not farmers, unmarried, and not possessed of 
property could not solicit grants of land until after four 
years of actual residence; to artisans land could not be 
granted until after three years practice of their trade in the 
province unless the artisan married a farmer's daughter, in 
which case the grant could be issued after only two years. 
Such qualified settlers were to receive two hundred arpents 
of land and fifty additional arpents for every child brought 
into the province. Each negro slave entitled the settler to 
twenty arpents additional land, but the total area granted 
was not to exceed eight hundred arpents. 

"No lands shall be granted to traders ;" declares Gov- 
ernor Gayoso's eleventh ordinance, "as they live in towns 
they do not want them." The new settler was required to 
prove that both his property and his wife were lawful ; he 
was to enter the lands within one year and by the end of 
the third year have ten arpents under actual cultivation. 
No land could be sold until he had produced three crops or 
at least a tenth of his possessions. And no lands could be 
inherited by a foreigner unless the heir should become a 
resident of the province. 

Neither could debts contracted outside of the province be 
paid from the product of the grant until after five harvests 
should have been gathered. In case any settler should be 
ejected "for bad conduct" the grant was to revert to the 
king of Spain. And finally, it was required that grants be 
made so as not to leave vacant areas between grants. This 
was to insure less exposure to Indian dangers as well as to 
facilitate the administration of justice and police regula- 
tions. 

These ordinances were followed by a set of long and 

is American State Papers, Public Lands, Vol. V, pp. 730, 731. 



THE SPANISH LAND (J RANTS 



detailed regulations and instructions for conceding lands as 
issued on July 17, 1799, 17 by Don Juan Ventura Morales, 
the Intendant at New Orleans. All concessions were to be 
given in the name of the king by the general Intendant of 
the province who was to order the survey for laying out 
the tract. Not until the title should be delivered should the 
act of transfer be considered complete. Squatters were re- 
quired to give up their claim or show cause within six 
months for holding their estate. The clause relating to the 
forfeiture of lands not improved within three years in the 
case of any sales was repealed. 

The fees for the surveyor were to be proportioned to the 
labor involved in the survey and to the financial ability of 
the owner of the grant ; a record was to be kept of all grants 
in the financial office of the province; special regulations 
were enacted in the case of minors who held grants; the 
Indians were not to be disturbed but supported and pro- 
tected ; and as far as possible the Spanish language was to 
be used in describing concessions, surveys, and transfers. 

' ' These land laws", declared a later observer, ' ' were ex- 
claimed against as extortionate and oppressive; extortion- 
ate, because they made it necessary for a concession to pass 
through four, and in some instances, seven offices, before a 
complete title could be procured, in which the fees exacted, 
in consequence of the studied ambiguity of the thirtieth 
article, frequently amounted to more than the value of the 
conceded lands ; oppressive, not only because the settler was 
deprived of his original papers, but because the twenty 
second article declared all concessions void, unless for- 
warded for confirmation within six months after the pub- 
lication of laws at the several posts. This was tantamount 
to a reunion of all the lands of settlers to the domain. Not 
one in fifty was able to transmit the evidences of his claim, 

17 American State Papers, Public Lands, Vol. V, pp. 731-734. 



10 IOWA JOURNAL OF HISTORY AND POLITICS 



and to defray the expenses of his title, within so short a 
period as six months. Besides, these laws reserved to the 
government the privileges of taxation, and nothing could 
render them more unpopular. ' ' 18 

During this period the procedure for securing grants was 
rather simple, though too often the grantees were too care- 
less to take all the steps necessary to secure a perfect title. 
Documentary evidence shows that those officers in charge of 
the civil and military branches of the government, such as 
commandants, lieutenant governors, intendants, surveyors, 
and others exercising sub-delegate powers, constituted the 
machinery for disposing of the royal domain in Upper 
Louisiana. 19 

Successive steps were the petition 20 of the settler, the 
recommendation by some commandant, 21 and the formal 

is Stoddard's Sketches of Louisiana, pp. 252, 253. 

lo American State Papers, Public Lands, Vol. VIII, p. 21. 

2 The following represents an ordinary form of petition : 

"Don Carlos Dehault Delassus, Lieutenant Governor of Upper Louisiana, 
4rc: 

"Sir: Alexis Maurice, residing in this Upper Louisiana since several years, 
has the honor to represent to you that he would wish to establish himself 
therein: therefore he lias recourse to the goodness of this government, praying 
that you would be pleased to grant him a tract of land of four hundred 
arpens in superfieie, to be taken on the vacant lands of his Majesty, in the 
place which will appear more suitable to the interest of your petitioner, who 
presumes to expect this favor of your justice. his 

Alexis X Maurice" 
"St. Genevieve, May 5, 1800." mark 

21 The commandant 's recommendation upon this petition follows : 

"We, the undersigned, captain, civil and military commandant of the post 
and district of New Bourbon of Illinois, do certify to Don Carlos Dehault 
Delassus, lieutenant governor of Upper Louisiana, that Mr. Alexis Maurice, 
who has presented the foregoing petition, is a very good man, an excellent 
mechanic and farmer, and worthy, under all points of view, to obtain from the 
government the concession of 400 arpens of land he asks for, in a vacant lot 
of the King 's domain, and that he is able, with his means and cattle, to improve 
the same. 

"Done in New Bourbon, 12th May, 1800. 

Pre. Delassus De Luziere ' ' 



TIIK SPANISH LAND GRANTS 



11 



grant and order of survey, 22 which was, seemingly in the 
majority of cases, not followed up by the formal task of 
survey. To illustrate: Andre Chevalier from New Bourbon 
(on October 1, 1799) petitioned for a grant of 400 arpents, 
desiring "to make and improve a plantation" and "being 
the son of one of the most ancient inhabitants". This ap- 
plication though addressed to the Lieutenant-Governor 
(Don Carlos Dehault Delassus) was next taken to the com- 
mandant at New Bourbon (Pedro Delassus de Luziere). 
The commandant three days later declared that "the peti- 
tioner is worthy to obtain the concession he solicits for, as 
much on account of the length of time his family has been 
settled in the upper part of this colony, and their honesty, 
as also because he has no other profession to support him- 
self but that of a farmer, which he has practiced with ad- 
vantage since his youth. ' ' 

Two weeks later the Lieutenant-Governor acting upon 
this commandant's endorsement granted to Chevalier and 
his heirs the lands requested, and ordered the surveyor, Don 
Antonio Soulard, to place the petitioner in possession and 
deliver to him a plat of the survey. In this case the survey, 
however, was never made. 

Even now the grantee in order to perfect his title ac- 

22 From the Lieutenant-Governor there was next issued the following grant 
to the petitioner: 

' ' St. Louis of Illinois, May 24, 1800. 
<f In consequence of the information given by the captain of the post of New 
Bourbon, Don Pedro Delassus de Luziere, and it appearing to me that the 
petitioner has more than the means necessary to obtain the concession he so- 
licits, I do grant to him and his heirs the land he solicits, provided it is not 
prejudicial to any person, and the surveyor Don Antonio Soulard, shall put the 
party interested in possession of the quantity of land he asks, in a vacant place 
of the royal domain; and this being executed, he shall make out a plat deliver- 
ing the same to said party, together with his certificate, in order to serve him 
to obtain the concession and title in form from the intendant general, to whom 
alone belongs the distributing and granting all classes of lands of the royal 
domain. Carlos Dehault Delassus" 



12 IOWA JOUENAL OF HISTORY AND POLITICS 



cording to the laws of the province would be required to 
journey to New Orleans where the Governor-General was to 
give the final sanction and form. This, however, was rarely 
done : money was scarce among the settlers ; the great dis- 
tance from Upper Louisiana to New Orleans and the ex- 
pense of the journey were barriers ; and finally Spain was 
indulgent to the ancient inhabitants of its province. Indeed, 
"the confidence and security which the ancient inhabitants 
of Upper Louisiana had in those incomplete titles, is strong- 
ly evidenced by the fact of so few being perfected, even 
among those who had been in possession under their grants 
from twenty to forty years previous to the change of gov- 
ernment. ' ' 23 

"During the Spanish domination ' says Houck, "there 
was an uninterrupted exercise of the power to grant lands by 
Lieutenant-Governors and sub-delegates, which was never 
challenged, disputed, or questioned during that period." 24 
The public domain attracted Americans, vast numbers of 
whom joined the westward current of migration which soon 
overflowed into Upper Louisiana. Daniel Boone, forsaking 
the throngs of population in Kentucky secured (July 11, 
1800) a claim of 1000 arpents upon the Femme Osage, 25 
and represents a type of the American immigrants to Up- 
per Louisiana. 

Immense areas were granted by the Spanish for various 
purposes. Israel Dodge, lately from Kentucky, who had 
erected "establishments so useful to the public, such as 
mills, distilleries, and breweries", was granted a domain of 
7056 arpents; 26 James Mackay was granted 30,000 arpents; 
great blocks of land were given as rewards for civil and 

23 American State Papers, Public Lands, Vol. VIII, p. 21. 

24 Houck 's A History of Missouri, Vol. II, p. 217. 

25 American State Papers, Public Lands, Vol. II, p. 396. 

26 American State Papers, Public Lands, Vol. VIII, p. 49. 



THE SPANISH LAND GRANTS 



13 



military services, for agricultural and stock-raising pur- 
poses, for the objects of exploiting timber, mineral wealth, 
or other natural resources. 27 

Concessions were either general or special in nature. In 
the case of the former the grantees were permitted to locate 
anywhere on the vacant lands of the public domain. This 
gave rise to the term "floating or running title". In the 
case of the special grants a definite locality or area with 
certain limits was designated. The former appears to have 
been the more common form of grant as it enabled the set- 
tler to select sites which were convenient and valuable. 28 

Distinct contrasts are yielded by placing the Spanish land 
policy alongside that of the early history of the United 
States. Indian land titles were more respected by Spain 
whose land hunger did not have a consuming effect upon 
the Indian possessions. The Indian trader was granted no 
lands and received scant encouragement from the authori- 
ties of Spain. Although grants were sometimes of immense 
extent the records do not show the existence of great land 
companies such as the Ohio Company at Marietta. Spanish 
settlements were individual rather than collective ; specula- 
tion was discouraged both by law and in practice. It would 
seem, however, that if the policy of the United States re- 

27 < < St. Vrain, a brother of [Lieutenant-Governor] Delassus, was granted 
10,000 arpens on a petition in which he says that he desired 'to secure to 
himself a competency which may in the future afford him an honorable exist- 
ence,' and in 1799 secured an additional grant upon which to 'collect his 
family and keep it near him.' Eichard Caulk, one of the early American set- 
tlers west of the Mississippi, was awarded 4,000 arpens ' in consideration of all 
his gratuitous services, that were often painful and onerous' to him, as com- 
mandant of the settlement of St. Andre, in the absence of the commandant 
Don Santiago Mackay. Francois Saucier, a descendant of one of the earliest 
pioneers of the Mississippi Valley, and founder of Portage des Sioux, received 
a grant of 600 arpens for each of his children,— thirteen in number — and 
1,000 arpens for himself and wife, to reward him for his 'laborious task' as 
Commandant of Portage des Sioux, a position he filled, he says, 'without re- 
muneration'."— Houck's A History of Missouri, Vol. II, 226, 227. 

28 Stoddard's Sketches of Louisiana, pp. 245, 246. 



14 IOWA JOUENAL OF HISTORY AND POLITICS 



garding location, surveys, and plats were to be described 
as systematic, that of Spain may be designated as chaotic. 29 
Unusual inducements were held out by Spain to settlers 
of all kinds. To secure their permanent location upon the 
soil, its cultivation, and the erection of mills, distilleries, 
and other permanent establishments were the purposes 
which prompted Spain to dispose of its royal domain in 
Upper Louisiana with a lavish hand. 

Unlike the policy of the United States the lands were not 
looked upon by Spain as a source of revenue. < < The liber- 
ality of the Spanish government in donating land to actual 
settlers", declares Houck, " stands in striking contrast with 
the illiberal policy of the United States at that period. The 
pioneer settling in the Spanish Dominions in upper Louisi- 
ana was not expected to pay for land on which he 
established a home. The hardship, the danger, the isolation 
from all the comforts of civilization seem to have been 
fully appreciated by the Spanish government. It was 
thought unjust, that in addition to opening a path in the 
wilderness and with untold perils and self sacrifice laying 
the foundation of civilized order, the settlers should also 
pay the government for the land so settled, or should even 
pay taxes on the same." 30 

Such a liberal policy undoubtedly accelerated migration 

29 » When Louisiana was transferred to the United States, very few titles to 
lands, in the upper part of that province especially, were complete. The prac- 
tice seems to have prevailed for the deputy governor, sometimes the com- 
mandants of posts, to place individuals in possession of small tracts, and to 
protect that possession without further proceeding. Any intrusion on this pos- 
session produced a complaint to the immediate supervising officer of the district 
or post, who inquired into it, and adjusted the dispute. The people seem to 
have remained contented with this condition. The colonial government, for 
some time previous to the cession, appears to have been without funds, and to 
have been in the habit of remunerating services with land instead of money. 
Many of these concessions remained incomplete. Soulard et al. vs. The 
United States, 4 Peters 511, 512 (1830). 

so Quoted from Houck 's A History of Missouri, Vol. II, p. 224. 



TIIH SPANISH LAND (j It A NTS 



15 



to Louisiana and contributed to the Americanization of the 
province. These factors in turn helped to crystallize those 
conditions which secured the complete American sway over 
the Louisiana Purchase and thus inaugurated the policy of 
trans-Mississippi expansion. 

THE ASCERTAINMENT AND ADJUSTMENT OF SPANISH LAND 
CLAIMS IN UPPER LOUISIANA 1804-181231 

A mass of unsettled land claims is one of the principal 
memorials to the United States of the thirty-four years of 
Spanish occupation of Upper Louisiana. Out of the un- 
settled conditions of titles petitions flowed to Congress, 
scores of Congressional acts were passed, boards of land 
commissioners made investigations and reports ; while later 
both the Supreme Court of Missouri and that of the United 
States adjudicated large and extensive claims which dated 
back to the rule of Delassus, Trudeau, Soulard, and Caron- 
delet. 

Population bad grown steadily in Upper Louisiana under 
the Spanisb regime from about 1591 in 1785 32 to about 
2093 in 1788, 33 to 6028 in 1799, 34 and to perhaps 11,000 in 
1804. 35 Even before the actual transfer of Louisiana to the 
United States land values had risen high. ' 'In fine," de- 
clared an observer, "the cession raised the general mass of 
property in Louisiana more than four hundred per cent- 
um,." 36 Great efforts were made to have all grants located 
and surveyed, and surveyors were everywhere in great 
demand. 

31 The District of Louisiana was created by the Congressional act of March 
26, 1804, and comprised that part of the Louisiana Purchase north of parallel 
33 degrees. 

32 Martin's History of Louisiana, p. 240; American State Papers, Miscel- 
laneous, Vol. I, p. 391. 

33 Martin's History of Louisiana, p. 251. 

34 Gayarre's History of Louisiana, Vol. Ill, p. 406. 

35 Stoddard 's Sketches of Louisiana, p. 226. 

36 Stoddard's Sketches of Louisiana, p. 266. 



16 IOWA JOURNAL OF HISTORY AND POLITICS 



Bumors of fraud and speculation became current before 
the actual transfer of the province to the United States, 
and charges of enlarging grants, of making illegal surveys, 
of antedating grants, and the conniving of Spanish officials 
with American speculators reached the government. "You 
have no guess how the United States are imposed on by the 
Spanish officers, since they have heard of the cession of 
Louisiana : ' ' reads one warning. < < Grants are daily making 
for large tracts of land and dated back ; some made to men 
who have been dead fifteen or twenty years, and transferred 
down to the present holders. These grants are made to 
Americans, with a reserve of interest to the officer who 
makes them ; within fifteen days the following places have 
been granted, to wit: forty-five acres choice of the lead 
mines, sixty miles from this, heretofore reserved to the 
Crown of Spain; the iron mine on Wine creek, with ten 
thousand acres around it, about eighty miles from this 
place, and formerly reserved by the Crown of Spain ; sixty 
thousand acres, the common touching St. Louis, heretofore 
given by the Crown of Spain to the inhabitants of the vil- 
lage; the tin mines, (though of doubtful value) and fifteen 
thousand acres adjoining; and many other grants of ten, 
fifteen, twenty, and thirty thousand acres have been made. 
I could name persons as well as places." 37 

Although the Louisiana treaty provided that the inhab- 
itants should "be maintained and protected in the free 
enjoyment of their liberty, [and] property", 38 it became 
apparent at once that legislation was imperative to save 
the public domain from spoliation. Indeed, the first Con- 
gressional act (March 26, 1804) 39 respecting Louisiana 

37 From an anonymous letter to Albert Gallatin, dated Indiana Territory, 
Kaskaskias, October 18, 1803.— Printed in the American State Papers, Public 
Lands, Vol. I, p. 189. 

ss Article 3 of the treaty of cession. 

39 Shambaugh's Documentary History of Iowa, Vol. I, pp. 19-23. 



THE SPANISH LAND (J HANTS 



17 



contained several distinct clauses intended to cover the 
conflicting Spanish titles : no grants were to exceed a mile 
square, and those, the title to which reposed in the Crown 
of Spain at the time of the treaty of cession (April 30, 
1803), were declared void. An exception was made in the 
case of those grants upon which a bona fide settlement 
according to the laws and usages of Spain had been made 
prior to December 20, 1803. 40 

The next Congressional act, approved on March 2, 1805, 41 
provided for the confirmation of grants settled on or before 
October 1, 1800, in the case of settlers who at the time the 
grant emanated were twenty-one years of age and at the 
head of a family. Then, too, grants made prior to De- 
cember 20, 1803, which were followed by actual cultivation 
and settlement were to be confirmed. But in no case were 
the areas to be over one square mile. 

Another section of the act provided for the appointment 
of three commissioners who were empowered to examine 
the titles of all persons claiming lands under French and 
Spanish grants. Power was given them to administer 
oaths, examine witnesses, and to secure any and all evi- 
dences of claims to public lands. Their findings were to be 
reported to Congress for final determination by that body. 
No grant, however, made subsequent to October 1, 1800, was 
to be recognized, and all claims not presented to the Com- 
missioners before March 1, 1806, were to be barred from 
consideration. 

Objections to this law came from the Territory of Or- 

40 In the drafting of Congressional legislation upon the subject of the 
Spanish grants several dates are of prime importance and significance. These 
are (1) October 1, 1800, the date of the treaty of San Ildefonso whereby 
Louisiana was receded by Spain to France; (2) April 30, 1803, the date of the 
Louisiana Purchase Treaty; (3) December 20, 1803, the day on which the 
United States took formal possession of Louisiana at New Orleans. 

41 Annals of Congress, 2nd Session, 8th Congress (1804-1805), Appendix, pp. 
1677-1G82. 

VOL. XI — 2 



18 IOWA JOURNAL OF HISTORY AND POLITICS 



leans on November 14, 1805, and can apply almost equally 
well in the case of Upper Louisiana. The age requirement 
of twenty-one years was unjust. "Aged invalids are now 
the proprietors of tracts held under warrants granted to 
minors; and numerous families, at this moment, subsist 
upon the production of lands formerly granted to those who 
were then unmarried, and without families. Indeed, in- 
fancy, celibacy, or the want of a family, were never thought 
of as an objection to the emanation of patents under the 
French or Spanish governments." 42 

Injustice was also seen in the requirement of residence 
and cultivation prior to October 1, 1800 : the Spanish gov- 
ernment never resumed their grants on account of the non- 
performance of conditions, unless the party claiming had 
evinced some disposition to abandon the land, or to emi- 
grate from the province. Then, too, in many instances 
where lands had long been settled, and conditions religious- 
ly fulfilled, the proprietor had settled upon some other tract 
acquired by purchase or by the bounty of the Spanish gov- 
ernment. To refuse to confirm the first grant because of 
non-residence or non-cultivation, urged the petition, would 
be unjust. 

President Jefferson now appointed the Board of Commis- 
sioners — John B. C. Lucas, James L. Donaldson, and 
Clement B. Penrose — who repaired to St. Louis where 
they began the tedious labor of summoning witnesses, col- 
lecting evidence, taking testimony, and examining plats and 
surveys. 43 To lessen the chances of impositions and ex 
parte depositions it was required at the beginning that 
testimony should be delivered viva voce before the board. 

Improvement of the law of 1805 was attempted in the 

42 From the remonstrance of the House of Eepresentatives of the Territory 
of Orleans to the House and Senate of the United States. — Printed in the 
American State Payers, Public Lands, Vol. I, pp. 250, 251. 

43 Houck 's A History of Missouri, Vol. Ill, Chapter II, passim. 



THE SPANISH LAND GRANTS 



Congressional nets of February and April of the next 
year. 44 Claims could be filed after March 1, 1800, by 
parties where the tracts had not been surveyed by Spanish 
officials prior to December 20, 1803. Claims originating 
with minors were henceforth to be allowed, provided the 
grants had been held and cultivated for ten consecutive 
years prior to December 20, 1803. Confirmation was made 
also where the following conditions had been met: com- 
mencement of settlement prior to October 1, 1800, followed 
by inhabitation and cultivation for three years prior to 
December 20, 1803. Such conditions were to be considered 
as permission from Spain to settle even though the express 
permission could not be proved. 

Three changes were made by the Congressional act of 
March 3, 1807 : 45 the age requirement of twenty-one years 
was repealed ; the titles to tracts of which the claimant had 
been in possession for ten consecutive years prior to De- 
cember 20, 1803, were confirmed; and the time for filing 
claims was extended to July 1, 1808, and the Board of Com- 
missioners was given full power to adjust the claims of 
persons who had been actual residents of Louisiana on 
December 20, 1803, except in the case of tracts exceeding a 
league square or containing salt or mineral springs. 

A difficult task was before the Board of Commissioners as 
they continued their sessions at Ste. Genevieve, Cape 
Girardeau, and New Madrid. Feu<Js, lawlessness, conten- 
tions, and a greed for land prevailed in the region. Dis- 
satisfaction arose and complaints upon the work of the 
commission flowed to Washington. Not a little difficulty 
was experienced in the attempt to collect and to reconcile 
the various land laws promulgated by Spain. 46 

44 United States Statutes at Large, Vol. II, pp. 352, 353, 391. 

45 Annals of Congress, 2nd Session, 9th Congress (1806-1807), pp. 1283-1286. 

46 Houck 's A History of Missouri, Vol. Ill, pp. 48, 49. 



20 IOWA JOURNAL OF HISTORY AND POLITICS 



Fraudulent grants and ante-dated concessions in large 
numbers demanded the attention of the Board and it was 
upon the largest grants, of course, that the greatest cupidity 
of the speculators fell. Says Stoddard in describing the 
frauds in Upper Louisiana : 

Twenty six concessions exist, derived from the last lieutenant 
governor, each of which embraces a league square, or more, of land. 
Thirteen of them bear date in 1799, nine in 1800, two in 1801, one 
in 1802, and one in 1803. They comprise two hundred and seventy 
one thousand seven hundred and fifty two arpents. Of this quan- 
tity, one hundred and twenty one thousand four hundred and forty 
eight arpents, contained in twelve concessions, were regularly sur- 
veyed. The remainder, one hundred and fifty thousand three hun- 
dred and four arpents contained in fourteen concessions, were in 
the hands of the several claimants at the time the United States 
took possession of the country. Such a number of extensive con- 
cessions, mostly bearing date in 1799 and 1800, when a few only of 
this description are to be found of prior or subsequent dates, cer- 
tainly furnishes good ground to suspect their legitimacy. 47 

News of the cession of Louisiana to France had increased 
the cunning of Spanish officials and the speculators. " In- 
structions were given to the various agents by the Gov- 
ernor, as well as to the several deputy surveyors, that 
grants and concessions be dated back to the year 1799, 
which was the general antedate, though some were dated 
further back, and that surveys thereof would be made of 
any tract from fifty to fifty thousand acres to any person 
who would apply, upon payment of one hundred dollars for 
five hundred acres, and so great was the thirst of specula- 
tion, when money could not be obtained, horses and other 
property was [sic] received in payment. . . . They 
proclaimed that their records were kept in such form that 
it would be utterly impossible for the United States to 
detect the fraud." 48 

47 Stoddard 's Sketches of Louisiana, p. 256. 

48 Letter in Houek's A History of Missouri, Vol. Ill, pp. 36, 37. 



THE SPANISH LAND GRANTS 



21 



The methods of keeping the land records — so-called — 
are described by the same official as follows : 

When a person applied for lands it was customary for the com- 
mandant of the district to give a written permission to settle, which, 
when sanctioned by the Governor, is called a concession. It has 
been usual for the Governor to sign his name to these concessions 
without looking at or reading the petition when presented by the 
surveyor-general. No record is made of this concession until the 
survey is actually made out, when the surveyor-general enters in a 
memorandum book a copy of the plat, day of the order of survey, 
and the time when the plat of the survey is given out and the papers 
are delivered to the applicant. This form was a plan adopted by the 
surveyor-general for his own convenience, but no direction has ever 
been given by the government requiring any record whatever to be 
made. These records, of course, are not official; it would appear 
therefore, that a concession made in 1804, which bears date 1799, 
when no survey has been made, would be of the same efficiency with 
those actually made in 1799 unless the fraud can be specially 
proven. 

The report of the Board of Land Commissioners covers 
the operations of that body for about six years (from De- 
cember, 1806 to December, 1812) and was communicated to 
the House of Eepresentatives in April and December of 
1812. The region embraced in its work was the Territory of 
Louisiana (later Missouri Territory) — that part of the 
Louisiana Purchase which lay north of the parallel 33 de- 
grees, the present southern boundary of the State of 
Arkansas. The report, finally, consists of three parts : first, 
a classification of the claims before the Board; second, the 
minutes of the Board upon claims not granted; and third, a 
tabulated list of the claims allowed for which certificates 
were granted. 49 

Forty-nine groups of claims, which indicate the confusion 
and complexity enveloping the Spanish grants, were sub- 

49 This report is to be found in the American State Papers, Public Lands, 
Vol. II, pp. 377-379; 388-603. 



/ 



22 IOWA JOURNAL OF HISTORY AND POLITICS 

mitted. "It is probable", said Commissioner Penrose, 
"the classification may not embrace all the species of claims, 
but will, I flatter myself, be sufficiently comprehensive to 
enable the Congress of the United States to pass some gen- 
eral law on the subject, which, I take the liberty to observe, 
would be of great importance to the bona fide claimants". 50 

Condensation of the above number of claims will give five 
sets — less clearly defined but more usable in describing 
them in general. 51 First, there were the claims derived 
from French and Spanish grants, dated prior to October 1, 
1800, exceeding eight hundred arpents, but not exceeding 
one league square, and which have been either inhabited or 
cultivated prior to December 20, 1803, or which have been 
granted for the purpose of building mills, or for works of 
other public utility, where the terms expressed in the grant 
have been complied with. 52 

A second class were those originating from French and 

so American State Papers, Public Lands, Vol. II, p. 377. 
si American State Papers, Public Lands, Vol. II, p. 378. 

52 The minutes of the Board of Commissioners sitting on a claim of this class 
read as follows: 

" James Mackay, claiming four thousand four hundred and sixty arpents of 
land, situate on Wild Horse creek, district of St. Louis; produces to the Board 
a concession from Zenon Trudeau, Lieutenant Governor, dated December 23d, 
1797, conditioned for the building of a mill and establishing a farm; produces 
a plat of survey, dated 6th March, 1798, and certified 23d December, 1798. 

' ' Testimony taken, October 27, 1808. James Calvin, sworn, says the claimant, 
about eight or nine years ago, built a cabin, and commenced building the dam 
for a mill on the tract claimed; says there was some cultivation. 

" Aaron Calvin, sworn, says that, about eight or nine years ago, there was a 
crop raised on said land for claimant; and also there were crops raised on said 
land for claimant the two following years; about seven years ago, there was a 
field of about ten or eleven acres cleared, and rails cut to fence it; does not 
know whether it was enclosed or not, as witness left the neighborhood. 

" October 2, 1811: Present, Lucas, Penrose, and Bates, commissioners. It is 
the opinion of a majority of the Board that this claim ought not to be con- 
firmed; Clement B. Penrose, Commissioner, voting for a confirmation. Said 
majority declare, that if this claim had not exceeded eight hundred arpents, 
they would have voted for a confirmation.' 7 — American State Papers, Public 
Lands, Vol. II, p. 495. 



TIIK SPANISH LAND (< RANTS 



2?> 



Spanish grants, not exceeding eight hundred arpents in the 
case of grants for public services, for the construction of 
mills and distilleries, where the services were proved to 
have been performed or where the terms on which the grant 
was made have been complied with. 

The third class constituted claims derived as in the 
former groups, not exceeding eight hundred arpents, where 
the claimant has had no other tract granted or confirmed, 
and which are not included in any connected plat or survey, 
or where further proof of the written evidence has not been 
required or which have not been declared fraudulent. 

Class four constituted those claims which were either in- 
habited or cultivated prior to, or on the 20th of December, 
1803, with or without permission. An illustration of this 
group may be found in the claim of Eobert Spincer to seven 
hundred and fifty arpents in the district of St. Charles. A 
plat and a certificate of survey dated September 5, 1805, 
was filed for record on February 28, 1806. The testimony 
showed that since 1802 the land had been inhabited and cul- 
tivated by the claimant and that in 1803 he had a wife and 
one child. The opinion of the Board (December 13, 1809) 
was that the claim should not be granted. 

The fifth group comprised nearly one-fourth in number of 
all the claims in the Territory of Louisiana. It included 
claims for villages, commons, common fields, and lands ad- 
jacent given to the inhabitants for cultivation, possessed 
prior to December 20, 1803. Such villages established be- 
fore December 20, 1803, were St. Charles, Portage des 
Sioux, St. Louis, St. Ferdinand, Marais des Liards, Caron- 
delet, Ste. Genevieve, New Bourbon, New Madrid, Little 
Prairie, and Arkansas. 

4 'By the spirit of the [Spanish] ordinances, ' ' declared 
Commissioner Penrose, 53 "all these claims would have been 

53 American State Papers, Public Lands, Vol. II, p. 378. 



) 



24 IOWA JOURNAL OF HISTORY AND POLITICS 



granted, although not embraced by the strict letter of those 
ordinances. The Spanish government to gain a subject, 
would have given land; and agriculture being their object, 
everything which would have promoted it would have been 
done. Eewarding services with land was an easy manner 
of paying debts, where land was considered of so little value. 
. . . and as I presume the intention of our Government 
must be to do such justice to their newly acquired citizens 
as would have been done by that Government of whom they 
were purchased, there can be no hesitation in confirming or 
granting such claims as are comprehended in the five fore- 
going classes/ ' 

Perhaps two thousand claims were examined by the 
Board which were not confirmed. The minutes show a large 
number of French names but very few Spanish, which fact 
further confirms the statement that during the entire period 
of Spanish domination the French rather than the Spanish 
held sway. 54 Such names as Villars, St. Vrain, and Valle 
represent the prominent families in the early history of the 
quaint old French villages along the Mississippi. 

American names exceed in number and show that the con- 
quest of Louisiana was noiseless, bloodless, and unrelenting. 
Peaches and apples grew in the orchards planted by the 
American settlers ; timber lands were cleared ; sugar works 
were set up, and corn, potatoes, and vegetables cultivated. 
Salt springs were seized upon and the aggressive Americans 
improved upon the primitive French methods of mining and 
smelting lead. Mills, breweries, and distilleries were erect- 
ed. Settlement, labor, property, and permanent homes — 
such were the successive steps in the Americanization of the 
province of Upper Louisiana. 

Brief as they are, the staid minutes of the Board of Com- 
missioners present interesting aspects of the frontier life 

54 Cf. Isidor Loeb in the Missouri Historical Beview, Vol. I, pp. 53-71. 



) 



TIIH SPANISH LAND (JKANTS 



25 



of this region. Hardships and dangers were encountered 
by these westerning Americans, and Indians not infrequent- 
ly attacked the settlers and destroyed their homes. Con- 
siderable numbers of slaves were brought from Kentucky 
and the eastern States. John Vallet who had sought per- 
mission of Delassus to settle swore that the Governor told 
him ' ' to take his plow and go on with his work, and nobody 
should disturb him." David Delauney testified that "he 
was not in the habit of ante dating"; another testified in 
favor of Francis Soncier who "is father of a family com- 
posed of himself, wife, and about fifteen children" and who 
was deserving of four hundred arpents for his service as 
commandant. And, in one concession (which later was not 
confirmed) the Board discovered "several erasures in the 
material parts of the petition in different colored ink. ' ' 

Claims of immense extent passed in review before the 
Board. James Mackay's claim to 30,000 arpents was re- 
jected in 1809; the next year Louis Lorimer's claim to 8000 
arpents was disallowed, and in 1811 Julien Dubuque and 
Auguste Chouteau's title to 148,176 arpents opposite 
Prairie du Chien was voted to be not confirmed. 55 

Confirmations of titles for which the Commissioners is- 
sued certificates number 1342 and range from small lots to 
estates of 800 arpents. The first certificate issued bore date 
of December 8, 1808, and was in favor of David Musick for 
a tract of 400 arpents in the District of St. Louis. The last 
certificate issued January 15, 1812, went to Louis Brazeau 
and confirmed a grant of two hundred and seventy arpents 
also in the District of St. Louis. 

The bases of the various claims were concessions, ten 
years' possession, actual settlement, and orders of survey. 
The first, of course, furnished the great majority of claims. 
And without exception the confirmations were confined to 
what is at present the Commonwealth of Missouri. 

55 American State Papers, Public Lands, Vol. II, pp. 394, 414, 451, 452. 



26 IOWA JOURNAL OF HISTORY AND POLITICS 

Congressional confirmation of the claims allowed by the 
Board of Commissioners was made by the act of Jnne 13, 
1812. 56 ' ' The same shall be confirmed, ' ' declares the fourth 
section, "in case it shall appear that the tract so claimed 
was inhabited by the claimant or some one for his use prior 
to the twentieth day of December, one thousand eight hun- 
dred and three as aforesaid, and cultivated in eight months 
thereafter, subject, however, to every other limitation and 
restriction prescribed by former laws in respect to such 
claims; and in all cases where it shall appear, by the said 
report, or other records of the board, that claims to land 
have not been confirmed merely on the ground that the 
claim was for a greater quantity than eight hundred arpens, 
French measure, every such claim, to the extent of eight 
hundred arpens, shall be confirmed. ' ' 

Frederick Bates, the Eecorder of Land Titles, reported 
the results of his investigations upon land titles in the Ter- 
ritory of Missouri. The first part 57 deals with the con- 
firmation of village claims as provided for in the act of 
June 13, 1812. These villages were Portage des Sioux, St. 
Charles, St. Louis, St. Ferdinand, Village a Robert, Caron- 
delet, Ste. Genevieve, New Madrid, New Bourbon, and Lit- 
tle Prairie. 58 

These tracts, varying in area from one arpent to lots of 
miniature size, were situated in or near the above villages. 
The claimants, descendants of the early French families, of- 
fered as bases for their claims, possession and inhabitation 
prior to 1803, orders of survey from Trudeau, and some of 
the provisional acts of Congress. Over five hundred such 
claims were confirmed. 

A second part 59 of Recorder Bates's report dealt with 

56 Annals of Congress, 1st Session, 12th Congress, Appendix, pp. 2316-2319. 

57 American State Papers, Public Lands, Vol. Ill, pp. 314-326. 

58 United States Statutes at Large, Vol. II, pp. 748-752. 

59 American State Papers, Public Lands, Vol. Ill, pp. 327-331. 



TIIK SPANISH LAND (\ It A NTS 



27 



extensions made by virtue of section four of the act of 
March 3, 3813. That is, those persons who had claimed title 
to more than 640 acres but who had been granted less than 
that by the late Board of Commissioners were with few ex- 
ceptions granted the 640 acres. To illustrate : Peter Rock 
had claimed 1056 arpents before the Board but had been 
granted only 450 arpents (certificate number 949). Re- 
corder Bates extended the grant to 640 acres. 

The third part 00 of Bates's report confirmed claims ac- 
cording to the provisions of the act of April 12, 1814. (See 
below p. 28). About four hundred titles were confirmed, 
among the owners of which we find such names as Auguste 
Chouteau, Antoine Soulard, and Nathan Boone, the son of 
Daniel Boone. 

A fourth section 61 of the Recorder's report gives the 
confirmations made under Congressional acts from June 13, 
1812 to April 12, 1814. Nearly five hundred claims in this 
group were confirmed. In the great majority of cases the 
area claimed was larger than that granted — the latter 
usually being 640 acres. 

Another group of claims, constituting perhaps 450 in 
number, were rejected by the recorder. Still another group 
of claims numbering 312 was that of William Russell. Of 
these but twenty-three were confirmed by the Recorder. 62 

Relaxation in favor of land claimants of every descrip- 
tion, which had been a uniform policy since 1804, continued 
until the year 1816. ' 6 This relaxation ' wrote Secretary of 
the Treasury Crawford, "has generally been effected by 
comprehending descriptions of cases not recognized by 
previous acts ; by extending the time within which notices of 
claims, and production of evidence were required, and by 

60 American State Papers, Public Lands, Vol. Ill, pp. 332-344. 

61 American State Papers, Public Lands, Vol. Ill, pp. 344-357. 

62 American State Papers, Public Lands, Vol. Ill, pp. 358-365. 



28 IOWA JOURNAL OF HISTORY AND POLITICS 



giving authority, not only to decide upon such claims, but 
to revise and confirm such as had been previously re- 
jected/' 63 

By various acts the time for filing claims not then filed 
or adjusted and evidence thereon was extended to December 
1, 1813; then to January 1, 1814; the powers and duties of 
the former Board of Commissioners were transferred to 
the Recorder of Land Titles, who was to report the results 
of his examination to the Commissioner of the General Land 
Office. Beneficiaries of former acts who had claimed 640 
acres or more, but who had been granted less were allowed 
an entire section by the act of March 3, 1813. 64 

Congress, impatient and hopeful, perhaps, of making a 
final settlement of these persistent claims passed a law in 
April, 1814, entitled < ' An Act for the final adjustment of 
land titles in the State of Louisiana and Territory of Mis- 
souri." 65 This confirmed titles in Missouri Territory in 
the following classes : 

(1) Grants made by a French or Spanish concession, 
warrant, or order of survey prior to December 20, 1803, 
provided the claimant was a resident of Louisiana at the 
time of the concession. 

(2) Grants made under the above conditions in the Ter- 
ritory of Missouri prior to March 10, 1804. 66 

(3) Grants which had formerly been denied because 
they were not inhabited prior to December 20, 1803. 

Congressional confirmation of the action of Eecorder 

63 From a letter to Henry Clay, Speaker of the House of Eepresentatives, 
dated December 7, 1818, and printed in the American State Papers, Public 
Lands, Vol. Ill, pp. 392, 393. 

United States Statutes at Large, Vol. II, pp. 812-815. 

65 United States Statutes at Large, Vol. Ill, pp. 121, 123 ; Annals of Con- 
gress, First and Second Sessions, 13th Congress, Appendix, pp. 2823-2825. 

66 This is the date on which Captain Amos Stoddard took formal possession 
of the province of Upper Louisiana at St. Louis.— Stoddard 's SJcetches of 
Louisiana, p. 102. 



THIS SPANISH LAND GRANTS 



29 



Bates was made in the act approved April 29, 1816. 67 This 
law may be considered as closing the history of the efforts 
to settle by Congressional legislation the confusion of the 
grants dating back to the period of Spanish domination. 

ADJUSTMENT OF SPANISH LAND CLAIMS IN MISSOURI 1816-1874 

Seemingly dormant the Spanish claims remaining un- 
settled were not in a state of feeble inactivity in the years 
from 1816 to 1824. Memorials and petitions relative to land 
claims came to Congress from the Territory of Missouri as 
well as from the State of Louisiana; the heirs of grantees 
had become numerous, often wealthy and influential, and 
persistent ; and talented and highly paid attorneys pressed 
their claims: these factors caused the question to be re- 
opened in Congress. 

Fifteen sections are included in the rather complicated 
act of Congress which was approved May 26, 1824, and 
entitled "An Act enabling the claimants to lands within the 
limits of the State of Missouri and Territory of Arkansas 
to institute proceedings to try the validity of their 
claims." 68 Suits could be instituted in the United States 
District Courts for these jurisdictions, in the case of claims 
arising from concessions, grants, warrants, or orders of 
survey which had been legally made by Spain prior to 
March 10, 1804. 

Any evidence formerly collected by the Board of Com- 
missioners could be used for or against the United States 
when the author of the testimony was dead or beyond the 
reach of the court's process. Any claim to lands which was 
not brought before the court within two years was to be 
forever barred from prosecution. In every case where the 
decision was against the United States and in excess of 
1000 acres the Attorney-General was privileged to appeal 

67 United States Statutes at Large, Vol. Ill, pp. 328, 329. 

68 United States Statutes at Large, Vol. IV, pp. 52-56. 



30 IOWA JOURNAL OF HISTORY AND POLITICS 

to the Supreme Court. Likewise the claimant could perfect 
his appeal within one year. In the event of a favorable 
decision the claimant could demand a decree, which, when 
presented to the land office, would entitle him to a tract 
equal in area to that named in the court 's decree. 

Two years later (May 24, 1828) the time for the filing of 
petitions to test the validity of claims was extended two 
years. Likewise there was repealed the clause which re- 
quired the payment of the costs of the suit when the de- 
cision was adverse to the claimant. Both these provisions 
indicate a generous policy on the part of the general 
government. 69 

An urgent memorial from the legislature of Missouri 
was sent to the Senate in February, 1831, in which the re- 
creation of a board of land commissioners was recommend- 
ed. 70 Twenty-eight years had passed since the Louisiana 
treaty and "yet to this hour claims to an immense amount 
remain undecided. ' 9 Claimants with just rights should have 
their claims adjudicated and pretenses to titles should be 
silenced so that lands could be brought into the market for 
public sale. 

"The unconfirmed claims in this State which are reserved 
from sale", continued the memorial, "amount to millions of 
acres ; they lie scattered over the State in unequal propor- 
tions, some counties having none in them, whilst others are 
greatly overspread by them; they generally lie in large 
bodies, and frequently embrace the best land in the county. 
The evil which they cause to our citizens and to the State, 
by preventing continuous settlements, and the erection of 
mills, &c, upon their streams, and by withholding land 
from cultivation, by interruptions in the roads, by not being 
subject to taxation, and in a variety of other ways, is too 
manifest to need recapitulation." 

69 United States Statutes at Large, Vol. IV, p. 298. 

70 Printed in American State Tapers, Public Lands, Vol. VI, p. 300. 



THE SPANISH LAND GRANTS 31 

Another law, approved on July 9, 1832, was "An Act for 
the final adjustment of private land claims in Missouri". 71 
This provided for another commission to consist of the 
Recorder of Land Titles in Missouri and two commissioners 
to be appointed by the president. The commission was to 
examine and then to report upon two claims : first, those 
which in the opinion of that body should be granted, and 
second, those which should be regarded as destitute of 
merit. The examination was to be completed in two years 
and the report thereof submitted to Congress for final de- 
termination by that body. 

President Jackson appointed as Commissioners A. G. 
Harrison and Lewis F. Linn who with Recorder F. H. 
Martin constituted the first Board. Later the Board was 
made up of James H. Relfe, F. R. Conway, and F. H. 
Martin. These bodies were to examine and classify all the 
unconfirmed claims in the office of the Recorder at St. Louis. 

The report of the first Board bore date of November 27, 
1833, and confirmed one hundred and forty-two claims. 72 
The Board eulogized the policies of the French and Spanish 
governments, mentioned the hardships and dangers the set- 
tlers had overcome, and urged a liberal policy on the part of 
Congress. "In recommending the claims of these people, 
now presented to your notice, we do it on the grounds of 
their merit, the various laws, usages, customs, and practice 
of the different Governments under which they originated, 
and, in our opinion, the great and immutable principles of 
justice. ' ' 

Ninety claims numbering from 256 to 345 were included 
in the first report 73 of the second Board and recommended 
for confirmation. The minutes as presented in the official 

71 United States Statutes at Large, Vol. IV, pp. 565-567. 

72 Executive Documents, 1st Session, 23rd Congress, Vol. II, Doe. No. 79. 

73 American State Papers, Public Lands, Vol. VIII, pp. 20-112. 



I 



32 IOWA JOURNAL OF HISTORY AND POLITICS 

documents show that there were long and protracted sit- 
tings at which petitions, concessions, and surveys were 
examined. The evidence submitted at the sessions of other 
Boards of Commissioners at Ste. Genevieve, St. Louis and 
elsewhere was reintroduced in many cases. 

Among the large claims conferred was that of Israel 
Dodge for 7056 arpents which was confirmed on June 13, 
1835. Another of 2000 arpents claimed by John P. Cabanne 
was confirmed two days later. In all cases the Board pre- 
pared a table showing the name of the original claimant, the 
size of the claim, its nature and date, the name of the 
grantor, and the facts concerning the survey. 

The second class of claims, numbered from 1 to 152, were 
disallowed by the Board. 74 The claims of Jacques Gla- 
morgan, a land speculator, explorer, fur trader, and 
merchant, aggregated over 1,000,000 arpents along the 
Mississippi Eiver and were based upon exploring expedi- 
tions made and upon other public services. The Board 
after long and exhaustive investigation decided against 
these claims. Congressional confirmation of the action of 
the Board was completed on July 4, 1836. 75 

Meanwhile the heirs of former claimants had instituted 
proceedings in the courts to try the validity of their claims 
according to the act of May 26, 1824. These cases represent 
a large amount of litigation extending over many years and 
form the last chapter in the history of the Spanish land 
grants. 

One of the earliest cases of this class to come before the 
Missouri court and the first to reach the Supreme Court of 
the United States was that of Antoine Soulard's Heirs vs. 
The United States. 76 The facts of this case as presented to 

74 American State Papers, Public Lands, Vol. VIII, pp. 113-243. 

75 United States Statutes at Large, Vol. V, pp. 126, 127. 

76 4 Peters 511; the title of this case was Julie Soulard, Widow, and others, 
Appellants vs. The United States. 



THE SPANISH LAND GRANTS 



the Missouri court in November, 1824 are as follows: An- 
toine Soulard on April 26, 179G, was granted 10,000 arpents 
of land by Lieutenant-Governor Don Zenon Trudeau. This 
tract was to be located on any vacant lot of the royal do- 
main. On the 20th of February, 1804, the grant was located 
and surveyed on the Cuivre River; on March 8, 1804, the 
survey was duly certified and recorded in the Surveyor- 
General's office. On March 2, 1805, the commission and 
certificate of survey were accidentally destroyed by fire. 
The petitioners, omitting to file their claims, were deprived 
of the benefits of the provisional laws of Congress. Of the 
said tract 1947.35 acres had been sold and the balance was 
not claimed by any other than the petitioner. Suit wa's 
therefore brought in the United States Court for Missouri 
to adjudicate the claim. 

This court decided against the plaintiff, holding that the 
regulations of O'Reilly, Morales, and Gayoso showed the 
general intention and policy of Spain. Furthermore the 
ordinances excluded every reasonable supposition of the 
existence of any law, custom or usage, under which the al- 
leged concession might have been perfected into a complete 
title, if Louisiana had not been transferred to the United 
States. These regulations, declared the court, could not be 
reconciled with the legality of the concession. 

Brilliant legal talent appeared as counsel when the case 
came up for hearing in the Supreme Court. Thomas H. 
Benton was retained for the claimants and Attorney- 
General William Wirt appeared for the United States. 
Chief Justice Marshall's decision announced simply that 
the case would be taken under advisement. After deliberate 
attention and study, declared the court, it felt unable to 
render a decision, and the court felt the necessity of collect- 
ing and studying at greater length the land laws and 
ordinances of Spain. 

vol. xi — 3 



34 IOWA JOURNAL OF HISTORY AND POLITICS 

Five years later (January term, 1835) the case was given 
a second hearing in which the testimony and the argument 
was long and exhaustive. The decision of the lower court 
was reversed and in delivering the opinion of the court Mr. 
Justice Henry Baldwin declared: "We are therefore of 
opinion, that the claim of the petitioners to the land de- 
scribed in the petition is a good and valid title thereto by 
the law of nations, the laws, usages and customs of Spain. 
. . . and that it ought to be confirmed to the petitioners 
agreeably to the prayer of their petition." 77 

Another case which had a similar course was that of 
John Smith T. vs. The United States. 78 This also had been 
decided in the Missouri court, appealed to the Supreme 
Court in 1830, taken under advisement, and decided in 1836. 
Both courts held this claim invalid because the tract had 
been located by private rather than by public survey. 
"Spain never permitted individuals to locate their grants 
by mere private survey" declared the Court. And it was 
held that Congress did not contemplate the submission of 
claims to the court unless the several steps in the transfer 
were in accordance with the laws and usages of Spain. 

Prior to the handing down of these decisions by the 
Supreme Court two other claims were adjudicated. In the 
case of Charles Dehault Delassus vs. The United States the 
following facts appeared: 79 By a special order from the 
Governor-General (De Carondelet) the Lieutenant-Gov- 
ernor of Upper Louisiana made a grant of 7056 arpents to 
Delassus on April 1, 1795. The survey was delayed and not 
made until December 14, 1799. 

The objection was set up that the Governor-General 
(Baron de Carondelet) had exceeded his powers and that 

77 10 Peters 100. 

78 10 Peters 326. 

79 9 Peters 117, (January, 1835.) 



TIIU SPANISH LAND (j RANTS 



his grant was invalid. The court, however, in confirming 
the grant declared that since 1774 the power of granting 
lands had been revested in the civil and military officers of 
the provinces who retained it until 1798. These officers be- 
came possessed of all the powers held by Governor O'Reilly, 
the grant was considered within the authority of the 
Governor-General, and the decree of the lower court was 
affirmed. 

At the same term the Court confirmed a grant of 1281 
arpents in the case of Chouteau's Heirs vs. The United 
States. 80 In stating the distinction between these two cases 
Chief Justice Marshall said: ' ' The concession to Delassus 
was made by the lieutenant governor of upper Louisiana by 
direction of the governor-general, at a time when the power 
of granting land was vested in the governors of provinces. 
This power was transferred to the intendant-general in 
1799, after which transfer in 1800, the order of survey under 
which Chouteau claimed, was made by the lieutenant gov- 
ernor. The validity of the order depends upon the author- 
ity of the lieutenant-governor to make it. Chouteau alleges 
in support of this authority, that the lieutenant-governor 
was also sub-delegate, in which character he was empow- 
ered to grant incomplete titles." 

Still another case 81 dealt with the validity of the regula- 
tions of O'Reilly in Upper Louisiana. In confirming a 
grant of 7056 arpents to Auguste Chouteau's heirs it was 
held that the ninth regulation of O'Reilly requiring the 
ownership of "one hundred head of tame cattle, some 
horses and sheep, and two slaves to look after them" was 
not applicable to Upper Louisiana. The court also believed 
that O'Reilly's regulations did not inhibit the confirmation 
of tracts exceeding a league square. "The words of the 

so 9 Peters 137, (January, 1835). 

si Chouteau's Heirs vs. The United States; 9 Peters 147, (January, 1835). 



36 IOWA JOURNAL OF HISTORY AND POLITICS 



regulation do not forbid different grants to the same per- 
son ; and so far as the court are informed, have never been 
so construed. ,, 

Meanwhile claimants of French and Spanish grants had 
passed away, but their heirs were persistent in urging these 
claims — claims which had originated during the foreign 
domination of Louisiana or from the mass of Congressional 
legislation. Henceforth legislation by Congress upon these 
claims is somewhat spasmodic but generally is intended to 
make a final adjustment of a vexed problem dating back 
over fifty years. 

When the law entitled "An Act for the final Adjustment 
of Private Land Claims in the States of Florida, Louisiana, 
and Missouri, and for other Purposes' ' was approved on 
J une 22, I860, 82 its twelve sections sounded a note of finality 
— a note, however, which was to be resounded within the 
next decade. 

Another commission was constituted by this law from the 
recorder of land titles in the city of St. Louis and the 
Eegisters and Eeceivers of the land offices for Louisiana 
and Florida. This commission was to transmit to the Com- 
missioner of the General Land Office a detailed report of 
its operations. 

The law conferred upon them power to receive only such 
claims as were based upon written grants, and consequently 
prohibited consideration upon any interest founded merely 
on ancient settlement, when the same was not accompanied 
by a paper title from the former government. 

Claims were to be presented within five years. The com- 
mission was directed to report three classes of claims : first, 
those emanating from France or Spain which were culti- 
vated for twenty years prior to the filing of the claim, 
second, those emanating from France or Spain but not oc- 

82 United States Statutes at Large, Vol. XII, pp. 85-88. 



THE SPANISH LAND GRANTS 



U7 



Olipied and cultivated, thirdly, those which in the opinion of 
the commissioners ought to be rejected because founder! on 
fraud, uncertainty of proof, vagueness of description, etc. 
The first two groups were to be reported to Congress for 
action, but in the third class the Commissioner of the Gen- 
eral Land Office was to give the final word in the case of 
claims not confirmed by the commissioners. 

This law after being extended for three years by the act 
of Congress of March 2, 1867, was revised, amended, and 
extended for three years longer by the act of June 10, 
1872. These acts warranted the Commissioners in re- 
ceiving and acting not only upon the claims which originated 
under the former governments while the authorities exer- 
cised the granting power de jure (before the cession) but 
also allowed claims to be received which were made by the 
Spanish authorities while they were in actual occupancy of 
territory as the government de facto. 

Private claims in the city of St. Louis had been finally 
adjusted in the Congressional act of June 12, 1866, 83 and as 
late as February 14, 1874, Congress confirmed a grant of 
7153.32 arpents in favor of the heirs of Moses Austin. Two 
years later the legal representatives of James Clamorgan, 
J. Babtiste, and of others, were urging claims of thousands 
of acres before Congress. "The claims, aggregating many 
thousands, which have been reported by the various 
boards of commissioners, and confirmed by Congress from 
time to time, might be properly termed cases in the General 
Land Office for action, although in numerous instances the 
papers constituting the bases of patents are not on file 
there." 84 

Louis Pelzee 

The State University of Iowa 
Iowa City 



8s Congressional Globe, 1st Session, 39th Congress, Appendix, pp. 327, 328. 
8 * Donaldson's The Public Domain, p. 376. 



HISTORY OF CONGRESSIONAL ELECTIONS 

IN IOWA 

THE ELECTION OF 1848 

In proceeding with the history of congressional elections 
in Iowa, 1 three facts should be noted: (1) the General As- 
sembly of Iowa had, in accordance with the act of Congress 
of June 25, 1842, requiring the States to elect Representa- 
tives by districts, divided the State into two congressional 
districts; (2) the General Assembly of Iowa had fulfilled 
the requirements imposed upon the State legislatures by the 
Constitution of the United States by prescribing the times, 
the places, and the manner of holding congressional elec- 
tions; (3) Representatives are regularly chosen in the year 
preceding the assembling of the Congress in which they 
take their seats. 

It will be remembered that the Congressmen elected in 
1846 were chosen for the second session of the Twenty- 
ninth Congress which expired on March 4, 1847, and that 
the congressional election of 1847 was held for the selection 
of Congressmen to represent Iowa in the Thirtieth Con- 
gress which convened the following December. In the 
normal course of events, however, the Representatives 
elected in 1847 would have been chosen in 1846. But this 
would have necessitated the election of two sets of Con- 
gressmen in the same year: one to represent Iowa in the 
second session of the Twenty-ninth Congress and the other 
to represent the State in the Thirtieth Congress. The 

i For an account of congressional elections in Iowa prior to 1848 see the 
writer's article in The Iowa Journal of History and Politics, Vol. X, pp. 
463-502. 

i 

38 



* 



CONGRESSIONAL ELECTIONS IN IOWA 39 

election of 1847 avoided two simultaneous elections. The 
terms of the Congressmen elected in 1847 expired on March 
4, 1849. The congressional election of 1848 was therefore 
held in accordance with the rule which has prevailed in all 
of the States down to the present time of electing Congress- 
men in the even years — that is, in the year preceding the 
assembling of the Congress in which the Representatives 
elect are to take their seats. 

On January 24, 1848, the General Assembly of Iowa in 
extra session passed an act altering the boundary line be- 
tween the First and Second Congressional districts. It 
provided that the act of February 22, 1847, dividing the 
State into two districts, be " so amended, that the county of 
Poweshiek shall be attached to, and made a part of the first 
Congressional District, instead of the second, as provided 
for by said act." 2 The reasons for this transfer are not 
clear. It could not have been made to equalize the popula- 
tion of the two districts for the reason that the inhabitants 
of the First District outnumbered those of the Second Dis- 
trict by several thousand, as shown by the census returns of 
1847, 1848, and 1849. 3 Nor could the transfer have been 
made for political reasons. The election returns do, indeed? 
indicate a decreasing Democratic majority in the First Dis- 
trict and an increasing Democratic majority in the Second 
District. But the small Whig majority of five in Poweshiek 
County in the election of 1848 4 was not sufficient to make 
any material difference in the political strength of the two 
districts. "The chief merit of the law seems to have been 
that it tended to straighten the dividing line and so make 
the form of the districts more regular." 5 (See Map.) 

2 Laws of Iowa, Extra Session, 1848, pp. 34, 35. 

3 Hull's Historical and Comparative Census, pp. 196, 198. 

4 Election returns as found in the Archives in Des Moines. 

5 Peirce 's Congressional Districting in Iowa in The Iowa Journal of His- 
tory and Politics, Vol. I, pp. 337, 338. 



CONCESSIONAL HIjKCTIONS IN IOWA 



41 



The war witli Mexico was concluded by the treaty of 
Guadaloupe Hidalgo on February 2, 1848. By this treaty 
the vast area of New Mexico and California was ceded to 
the United States. This large addition of more than 500,000 
square miles of territory immediately brought into com- 
manding importance the question of slavery extension. 
Political parties and party leaders did not, indeed, announce 
themselves as advocates or opponents of the extension of 
slavery until the crisis was at hand ; but ' i every great meas- 
ure'', beginning with the annexation of Texas in 1845, 
"was considered and decided with reference chiefly to the 
extension, the maintenance, or the overthrow" of the in- 
stitution of slavery. "The opponents of slavery became 
bolder and more aggressive; its defenders more vigilant, 
more resentful of attacks upon it, more rigid in their ostra- 
cism of public men at the North who did not accept their 
principles, more resolute in the event of a denial of their 
' rights ' in their purpose to seek those rights by a separation 
from the Union. As the feeling grew more intense and the 
language of extreme partisans increased in violence, well- 
meaning men tried to prolong the peace by compromises 
and by endeavors to turn the current of political thought 
to other subjects." 6 While both the Democrats and the 
Whigs, in their anxiety to preserve the nationality of their 
respective parties, endeavored to divert the public mind 
from the slavery issue to such time-honored questions as 
the tariff and internal improvements, the principle em- 
bodied in the Wilmot proviso nevertheless became the para- 
mount issue, the importance of which increased until it was 
decided by secession, civil war, and emancipation. 

The congressional campaign of 1848 was the first to occur 
in Iowa in the year of a presidential election. Before pro- 
ceeding with the narrative of the campaign, however, it 

6 Stanwood 's History of the Presidency, p. 226. 



42 IOWA JOURNAL OF HISTORY AND POLITICS 

should be pointed out that three important considerations 
should be kept in mind in the study of congressional elec- 
tions occurring in presidential years: (1) the two contests 
are almost synchronous 7 — both occurring at the same time ; 

(2) both are dominated largely by the same political issues ; 

(3) they have to do with determining the complexion of co- 
ordinate branches of the national government : the legisla- 
tive and the administrative. It is obvious, therefore, that 
it is difficult, if not impossible, to disconnect entirely the two 
contests and that a discussion of the one involves in part 
also a consideration of the other. Nevertheless, congres- 
sional elections in Iowa constitute the theme of this dis- 

7 While the time, the places, and the manner of holding congressional elec- 
tions are determined by the various States, the time of holding presidential 
elections is determined by the United States Congress. Prior to 1792 no regu- 
lation was prescribed, but in that year Congress passed an act providing that 
" electors shall be appointed in each State for the election of a President and 
Vice-President of the United States, within thirty-four days preceding the 
first Wednesday in December, 1792, and within thirty-four days preceding the 
first Wednesday in December in every fourth year succeeding the last election". 
This law was finally superseded by the act of Congress of 1845, which is still in 
force, providing "That the electors for President and Vice-President shall be 
appointed in each State on the Tuesday next after the first Monday in the 
month of November of the year in which they are to be appointed." — See 
Stanwood's History of the Presidency, pp. 36, 242. 

The General Assembly of Iowa, on the other hand, had, by the Act of Janu- 
ary 24, 1848, provided that Representatives to Congress should be elected "at 
the general election in the year one thousand eight hundred and forty-eight, 
and every two years thereafter." The Constitution of 1846 provided that the 
general election should be held on the first Monday in August. Iowa Congress- 
men were, therefore, under this Constitution chosen in August. The Constitu- 
tion of 1857 changed the date of the general election to "the second Tuesday 
in October, except the years of the presidential election, when the election shall 
be on the Tuesday next after the first Monday in November". The law of 
January 24, 1848, remaining in force under this Constitution the date of the 
election of Congressmen was changed accordingly. In 1884 an amendment to 
the Constitution of 1857 was adopted providing that the general election shall 
be held uniformly in November. It will be observed, therefore, that congres- 
sional and presidential elections in Iowa have been held on the same date since 
1857. — See the Constitutions of Iowa of 1846 and 1857, on the subject of 
general elections. 



i 



CONCESSIONAL K LECTIONS IN IOWA 43 



cussion and so the features of the presidential campaign 
will be referred to only in so far as they affected the con- 
gressional campaign. 

Preparations for the nomination of candidates for Con- 
gress began early. On February 9, 1848, The Iowa Stand- 
ard advised the Whigs "that not a day should be lost 
in taking the preliminary steps to open the campaign. Our 
candidates for Congress should be upon the stump by the 
first day of May. . . . The whigs have in many counties 
a majority against them to overcome, and they should have 
ample time to endeavor to do it, by reason, argument and 
the dissemination of whig principles. The candidates for 
Congress will have heavy duties to perform, if they visit 
every neighborhood in their respective districts, which they 
should do, if they wish faithfully to discharge their duty to 
the whigs of the State. We are therefore in favor of imme- 
diate action in every county in the State." 8 

But comparatively little interest was taken in the coming 
congressional election until April, for two reasons: (1) it 
was too early to inaugurate the congressional campaign; 
and (2) the public mind was occupied with James Harlan's 
spirited contest for the office of Superintendent of Public 
Instruction. 

The Whigs of the First District were the first to become 
active in the campaign for the election of Congressmen. On 
April 20th, the Whig Congressional Committee of that dis- 
trict issued a call for a convention to meet at Fairfield on 
May 17th for the purpose of nominating a candidate for 
Congress to represent the First District. The basis of 
representation in the convention was to be "two delegates 
for each Senator and Representative, in each county or 

8 The Iowa Standard (Iowa City), New Series, Vol. II, No. 25, February 9, 
1848. 



44 IOWA JOURNAL OF HISTORY AND POLITICS 



district." The call was signed by Arthur Bridgman, C. W. 
Slagle, and George W. Wright. 9 

The convention met accordingly. A temporary organiza- 
tion was effected by the appointment of Daniel E. Brainard 
of Van Buren County as chairman, and Bichard Irwin of 
Jefferson County as secretary. Resolutions were passed di- 
recting the chairman to appoint committees on credentials 
and on permanent organization. The committees being 
duly appointed, the convention adjourned until afternoon. 

The convention met pursuant to adjournment and the 
committee on permanent organization presented the follow- 
ing report: President, George Wilson of Wapello County; 
Vice Presidents, Col. W. M. Stewart of Lee County and A. 
L. Nichols of Mahaska County; Secretaries, C. Baldwin of 
Jefferson County and George W. Games of Van Buren 
County. The report was adopted unanimously and the 
permanent officers of the convention took their respective 
places. 

The report of the committee on credentials being adopted, 
the convention proceeded to ballot on a congressional nom- 
inee. George G. Wright of Van Buren County and Daniel 
F. Miller of Lee County were presented as the candidates 
for the nomination. While the convention was balloting on 
a candidate for Congress, the Van Buren delegation with- 
drew and after consultation returned to the convention and 
through J. B. Howell asked leave to withdraw the name of 
George G. Wright from the consideration of the convention. 
Leave was granted, whereupon Daniel F. Miller was nom- 
inated by acclamation as the Whig candidate for Congress 
from the First District. 

The committee on resolutions which was now appointed 
by the president of the convention consisted of the following 
members : W. H. Wallace of Henry County, C. W. Slagle of 

9 Keokuk Register, Vol. I, No. 48, April 20, 1848. 



CONCESSIONAL ELECTIONS IN IOWA 



45 



Jefferson County, and J. B. Howell of Van Buren County. 
Mr. Miller thanked the convention for his nomination and 
made a few remarks on "general politics". While the com- 
mittee on resolutions was drafting the platform, speeches 
were made by Viele of Lee, Street of Wapello, Jay of 
Henry, and Shelladay of Mahaska. The resolutions pre- 
pared by the committee were then presented to the con- 
vention and adopted unanimously by that body as the 
platform of the Whig party in the First District. 

The platform, consisting of a preamble and eight resolu- 
tions, arraigned the administration of James K. Polk and 
extolled the principles of the Whig party, but carefully 
avoided any reference to the slavery issue. It condemned 
"the misrule of the party in power", commended the Whig 
party as a worthy descendant of "that great party, who in 
revolutionary days bid defiance to the British Crown", and 
emphasized the leading principle of this party to be "op- 
position to executive power and unconstitutional preroga- 
tive." James K. Polk was denounced for "basely bowing 
the knee to the power of England on the Oregon contro- 
versy" and for "the creation of an unnecessary war with 
Mexico". These considerations, including Polk's "opposi- 
tion to the improvement of our Western Harbours and 
rivers", continued one resolution, "leave us without con- 
fidence in either his ability or his honesty and require that 
the administration of the Government should be entrusted 
to abler hands. ' ' 

The platform also accused "the leaders of the Locofoco 
party in Iowa" with having "universally sacrificed the in- 
terests and the welfare of the people to their own selfish 
aggrandizement" and argued "that a continuance of such 
men in office, will only tend to increase the burdens of tax- 
ation and involve the people in still deeper difficulties than 
those already surrounding them. ' ' 



46 IOWA JOURNAL OF HISTORY AND POLITICS 



Another resolution pledged the support of the Whig 
party in the respective counties to the nominee of this con- 
vention and also to the nominees of the Whig National 
Convention. Finally, the action of the State Convention 
held at Iowa City on May 11th was endorsed with the ob- 
servation "that the energy and unanimity of the whig party 
affords us cheering hopes of approaching victory." 10 

The nomination of Daniel F. Miller for Congress by the 
Whigs of the First District was commended enthusiastically 
by the leading Whig journals. The Bloomington Herald 
observed that "Mr. Miller is an old resident of the State 
and is well versed in the crooks which locofocoism takes to 
deceive the real Democracy of the country. He will give the 
spoils party trouble before he gets through with them." 11 
The Iowa Standard remarked: "We have every reason to 
believe that the nomination of Daniel F. Miller was the most 
judicious that could have been made. He is one of the early 
settlers in Iowa, is a Lawyer of acknowledged abilities and 
extensive practice, and what is of some consideration in a 
tight political contest, he can run up to his party strength 
in the empire county and a little over." 12 The Keokuk 
Register added that Miller's "nomination .... by 
acclamation, is a sufficient guarantee to this district, of his 
devotion to the principles of the Whig faith. Indifference 
only can bring defeat." 13 

Daniel F. Miller was, indeed, one of the most widely 
known pioneers and lawmakers of Iowa. Born in Mary- 
land in 1814, he removed in his youth to Pittsburgh, Penn- 
sylvania, where he studied and practiced law until 1839 

10 For the proceedings of the Whig Convention of the First District see the 
Keokuk Eegister, Vol. II, No. 1, May 25, 1848. 

11 The Bloomington Herald, New Series, Vol. Ill, No. 106, May 27, 1848. 

12 The Iowa Standard (Iowa City), New Series, Vol. II, No. 34, May 31, 
1848. 

is Keokuk Eegister, Vol. II, No. 1, May 25, 1848. 



CONGRESSIONAL ELECTIONS IN IOWA 47 



when lie emigrated to the Territory of Iowa, locating at 
Port Madison. Elected a Representative to the Legislative 
Assembly of the Territory of Iowa in 1840, he held that 
office for one term. His appearance in politics in 1848, as 
the Whig candidate for Congress from the First District, 
is of unusual interest, for out of the ensuing August election 
developed the first contested congressional election case in 
the history of Iowa. Mr. Miller was one of the founders of 
the Republican party in Iowa and was one of the presi- 
dential electors in 1856 when the vote of the State was cast 
for the Republican candidate for the presidency. In 1860 
Mr. Miller was an independent candidate for Judge of the 
Supreme Court of Iowa, but was defeated by Judge Wright, 
the Republican candidate. Fifty-three years after his elec- 
tion as Representative to the Legislative Assembly of the 
Territory of Iowa, Mr. Miller was elected in 1893 to the 
General Assembly of Iowa. Mr. Miller practiced law in 
Iowa for fifty-four years and was known as the " Nestor' ' 
of the Iowa bar. He died in Omaha, Nebraska, in 1895. 14 

The Democrats of the First District met in convention at 
the Court House in Fairfield on June 15th. The temporary 
organization was composed of David Hendershott of Henry 
County, chairman, and George May of Wapello County, 
secretary. Committees on credentials, on permanent organ- 
ization, and on resolutions were appointed by the chairman, 
and then the convention adjourned until one o'clock. In 
the interval, Delazon Smith, upon invitation addressed the 
delegates "in an able and powerful address, showing up 
the inconsistencies of the Whigs.' ' 

When the convention reassembled in the afternoon, the 
committee on permanent organization made the following 
recommendations: President, Uriah Briggs; Vice Presi- 
dents, Robert Brown and William M. Morrow ; Secretaries, 

i*Gue's History of Iowa, Vol. IV, p. 191. 



1 



48 IOWA JOURNAL OF HISTORY AND POLITICS 

Guy Wells and James Craig. The recommendations were 
accepted and the permanent organization duly effected. 
The report of the committee on credentials was then pre- 
sented and adopted, whereupon a motion was made to re- 
quire a two-thirds vote in the nomination of a candidate for 
Congress, but the motion was lost. 

The candidates for the nomination were William Thomp- 
son and Delazon Smith. The result of the first ballot 
showed that William Thompson had received 43 votes and 
Delazon Smith 14 votes, whereupon Augustus Hall moved 
that Mr. Thompson be declared the unanimous choice of the 
convention as the Democratic candidate for Congress in the 
First District. 15 The motion was carried. 

The report of the committee on resolutions was presented 
by S. J. Bayard, Chairman, the other members of the com- 
mittee being Col. C. J. Crocker, George May, J. B. Ham- 
ilton, and J. D. Spalding. It consisted of eleven resolutions 
which were adopted unanimously by the convention as the 
platform of the Democratic party in the First District. 
Cautiously avoiding, as did the Whig platform of this dis- 
trict, any reference to the real issue, the resolutions are 
interesting chiefly as a lengthy pronouncement of patriotic 
encomiums on Lewis Cass and General Butler — the nom- 
inees of the Democratic National Convention. 6 Resolved, 
That in Lewis Cass", ran one resolution, "we realize the 
statesman — the wise and discreet senator — the able diplo- 
matist — the accomplished scholar — the patriot in war 
and peace — the soldier whose sword always glittered in 
the van of danger — the Democrat, ever in favor of the 
cause of liberty and the widest spread of free principles." 
Another resolution recognized General W. 0. Butler as "the 
gallant soldier of 1812 — one of the heroes of Monterey — 

is For a biographical sketch of William Thompson see The Iowa Journal of 
History and Politics, Vol. X, p. 491. 



CONGRESSIONAL ELECTIONS IN IOWA 



49 



an enlightened statesman, a sound Democrat, and a patriot 
without guile. " 

The platform did ' ' not approve of electing a President 
whoso only recommendation is his military achievements", 
arguing that "some service in civil station is necessary to 
qualify any one to discharge satisfactorily the duties of 
chief magistrate of this United States. ' ' This was intended 
as a reproach to General Taylor, whose only public service 
which commended him for the presidency was his military 
record in the Mexican war. Again, it was contended, 1 ' That 
as the South has had the President for forty-eight out of 
sixty years we think it time to elect another from the 
North." 

Finally, the resolutions approved "the Baltimore plat- 
form", 16 commended "the course of our present member of 
Congress, W. Thompson," who "is entitled to the con- 
fidence and support of his constituents", congratulated 
James K. Polk "for the fidelity with which he has carried 
out" the "principles" of the Democratic party and "for 
the prudence, skill, and success with which he has conducted 
the Mexican war to its close", and pledged "the use of all 
honorable efforts to secure the election of the nominee of 
this convention. ' ' 

A resolution proposing that in the election of United 
States Senators one Senator ought to be chosen from the 
First Congressional District was rejected. The proceed- 
ings of the convention were concluded by the appointment 
of a "Congressional Central Committee of Correspondence 
for the First District" consisting of the following members : 
S. J. Bayard of J efferson County, Guy Wells of Lee County, 

is For a statement of the resolutions adopted by the Democratic National 
Convention in 1848 see Stanwood's History of the Presidency, pp. 199-201; 
215, 216; 234-236. The Whig National Convention adopted no platform in 
1848. 

VOL. XI — 4: 



50 IOWA JOURNAL OF HISTORY AND POLITICS 

H. B. Hendershott of Wapello County, A. Hall of Van 
Buren County, and T. Baker of Polk County. 17 

In the meantime, the party organs began to urge the im- 
portance of selecting candidates for Congress from the 
Second District. The Iowa Standard on May 24th admon- 
ished "our whig friends in this district to begin to think 
seriously about a suitable nominee. . . . The whigs in 
the counties south of the Iowa, are wide awake to this nom- 
ination. Will those in the northern counties sleep upon 
their local and party rights V 9 18 

On May 27th, the Whig Congressional Committee of the 
Second District issued a call for a convention to be held at 
Bloomington on June 15th. The call specified the ratio of 
representation in the convention to be "one delegate for 
every one hundred voters (of all parties) in each county.' ' 
Counties casting less than one hundred votes and not less 
than fifty were to be entitled to two delegates and those 
casting less than fifty votes were to be entitled to one dele- 
gate. "A full and general attendance, from all parts of the 
district' ' was requested. The call was signed by N. L. 
Stout, Isaac Leffler, William Penn Clark, E. H. Thomas, and 
John P. Cook. 19 

The Iowa Standard expressed the fear, however, that 
"there will be scarcely time to circulate the notice to the 
counties and townships, so as to ensure a general appoint- 
ment of delegates .... and if there should not be 
some extra exertions, not half of them will be represented 
in the convention. We therefore earnestly entreat the lead- 
ing whigs in the several county towns, to circulate the no- 

17 For the proceedings of the Democratic Convention of the First District 
see the Keokuk Dispatch, Vol. I, No. 5, June 22, 1848. 

18 The Iowa Standard (Iowa City), New Series, Vol. II, No. 33, May 24, 
1848. 

is The Iowa Standard (Iowa City), New Series, Vol. II, No. 34, May 31, 
1848. 



CONGRESSIONAL ELECTIONS IN IOWA :,] 

tioes by special messengers, in every township in their 
respective counties, without an hours delay; that there may 
be a real and not a nominal convention of the people's 
representatives, as is too often the case. A full delegation 
is absolutely necessary, in order to insure a cordial acqui- 
escence in the nomination, and without this, we cannot hope 
for success." In another editorial of the same issue, this 
organ observed hopefully that "if ever the whigs had a 
chance to carry this district, it is now. There are entirely 
too many great men in the locofoco ranks to get on harmo- 
niously, and we have only to make a judicious selection in 
order to give 'em a real Buena Vista." Finally, this jour- 
nal urged the farmers "to let go the plow-handle for a 
week, and prepare for the battle. And we venture to pre- 
dict, that if the whig corps are properly organized and 
drilled, we shall 'lam 'em like blazes.' We ought to do it, 
we can do it, we must do it. ' ' 20 

The convention which met pursuant to the call effected a 
temporary organization by the appointment of J. P. De 
Forrest, chairman, and S. A. Hudson, secretary. After the 
appointment of the usual committees on credentials, on 
permanent organization, and on resolutions by the chair- 
man, the convention adjourned until two o'clock in the 
afternoon. 

When the convention met pursuant to adjournment L. 
Ely presented the report of the committee on credentials, 
which was adopted. Ebenezer Cook presented the report of 
the committee on permanent organization, which made the 
following recommendations : President, Isaac Leffler of Des 
Moines County; Vice Presidents, N. P. Cooper of Wash- 
ington County and W. E. Jennings of Jackson County; 
Secretaries, Edward H. Thomas of Louisa County and 

20 The Iowa Standard (Iowa City), New Series, Vol. II, No 34 May 31 
1848. ' 



52 IOWA JOURNAL OF HISTORY AND POLITICS 



James H. Leech of Cedar County. The recommendations 
were adopted unanimously and the officers took their seats. 

The question of counting the votes of counties not fully 
represented was settled by the adoption of a resolution pro- 
viding ' 'that the delegates from those counties which are 
not fully represented, cast the full number of votes to which 
said counties are respectively entitled, and that if the dele- 
gates cannot agree in their vote, that they vote individual- 
ly. " The convention then proceeded to ballot for a 
candidate for Congress, N. Everson and J. S. Eichman 
being appointed as tellers. The result recorded by the first 
ballot stood as follows : Timothy Davis, 43 ; Major McKean, 
34 ; Isaac Leffler, 6 ; and Col. Henderson, 1. Mr. Davis was 
thereupon nominated unanimously as the Whig candidate 
for Congress from the Second District. 

The committee on resolutions, composed of Stout, Clark, 
and Patterson, presented the report consisting of a pre- 
amble and twelve resolutions which was adopted unanimous- 
ly as the platform of the Whig party in this district. More 
direct and dignified than the platform of either the Whigs 
or the Democrats of the First District, this document as- 
sumed a more definite attitude on the questions engaging 
the attention of the public mind. The preamble emphasized 
the following considerations: (1) "a change in the national 
administration ' ' was "necessary .... in order to 
secure a just and equitable administration of public af- 
fairs' (2) the election of the nominee of the Baltimore 
Convention "would not effect such change"; (3) "such 
change can only be brought about by the elevation of men 
to power who have been in no wise connected with the 
present corrupt administration of affairs"; (4) "the neces- 
sity of the representative branch of the Government being 
composed of the friends of Western and National inter- 
ests." The following resolutions were then presented: — 



CONGRESSIONAL ELECTIONS IN IOWA 



1st. Resolved, That the first and most important labor to be 
performed by the representatives, of the people, from the West in 
Congress, is to secure an appropriation from the General Govern- 
ment for the improvement of rivers and harbors; and we shall sup- 
port no man for that trust who shall, in any way, be committed to 
the present administration. 

2d. Resolved, That the Executive has no moral or constitutional 
right to trifle with the interests of the people by capriciously using 
the veto power for the mere indulgence of his private piques or 
opinions — and to do so, is a wanton violation of the practice of 
the early administrations of the government, and a usurpation of 
power not granted by the spirit, letter, or intent of the national 
constitution. 

3d. Resolved, That we will use our best endeavors to secure the 
election of a man to represent this district in Congress, who shall be 
untrammeled by the power and patronage of government ; one who 
shall be a free man, and not an Executive Slave. 

4th. Resolved, That we view the nomination of General Zachary 
Taylor as giving an opportunity to the people to elect a man, who 
will be the President of the whole people, and not of a faction of 
official sycophants and lacqueys. 

5th. Resolved, That in Millard Fillmore we recognize a staunch 
patriot ; a statesman of tried ability and profound political knowl- 
edge, and with him and the noble Taylor, as our standard bearers, 
we expect an easy and triumphant victory of the people over the 
Candidate of the present corrupt and unscrupulous administration 
— for in Lewis Cass we recognize only a continuation of the present 
dynasty. 

6th. Resolved, That the veto power has, by its wanton abuse, 
become obnoxious to liberty and dangerous to the perpetuity of our 
institutions and that it is high time that this power was restricted 
so that it cannot interfere with the will of the people, as expressed 
through their representatives in Congress. 

7th. Resolved, That the opinion of General Taylor upon this 
subject meets with the entire approbation of this convention, to wit : 
"The known opinions and wishes of the Executive have exercised 
undue and injurious influences upon the Legislative department of 
the Government ; and for this cause I have thought our system was 
in danger of undergoing a great change from its true theory. ' 9 



54 IOWA JOURNAL OF HISTORY AND POLITICS 



8th. Resolved, That Lewis Cass owes all that he is, and all that 
he possesses, to the growth of the Great West; and that in his 
recreancy to her dearest interests, he has proved himself alike 
destitute of gratitude and public virtue : — and we mutually pledge 
ourselves to see that he shall find his proper level in the defeat 
which awaits him before the great tribunal of the American people. 

9th. Resolved, That the difference between Democracy and Loco- 
focoism is, that the first contemplates the rule of popular will; 
while the latter has no motives of action but the public spoils — 
and to secure these, it has sustained the arm of tyranny in the sup- 
port of the will of one man for the defeat of important public 
measures .... 

10th. Resolved, That we, as Whigs, .... will guard the 
will of the people against the fashionable usurpation of Locofoco- 
ism, as developed in the course of Polk's policy. 

This platform having been accepted by the convention, 
the following resolutions were presented and adopted : — 

1. Resolved, That in Timothy Davis, this convention presents a 
candidate to the Whigs of this District, who is regarded as eminent- 
ly qualified for their support for Representative in Congress, and 
we here pledge ourselves to use all honorable exertions to promote 
his election. 

2. Resolved, That we are in favor of the Wilmot Proviso, so 
called, and that duty and patriotism require us to declare that we 
are opposed to the extension of slavery over any territory now pos- 
sessed, or which may be hereafter acquired by the United States. 21 

Timothy Davis was an old and respected citizen of Du- 
buque. He was born in New Jersey in 1794. After receiv- 
ing a common school education, he emigrated to Kentucky 
where he studied law in 1816. Upon removing to Missouri 
in the same year, he practiced law in that State for twenty 
years. At the end of that period he came to Iowa and 
located at Dubuque. Mr. Davis was a staunch Whig, but 
upon the dissolution of the Whig party he affiliated with the 

2i For the proceedings of the Whig Convention of the Second District see 
The Bloomington Herald, New Series, Vol. Ill, No. 108, July 1, 1848. 



i 



CONGRESSIONAL ELECTIONS IN IOWA 



55 



Republicans. Elected to Congress in 1856, he retired from 
public life at the end of his term. 22 

The Democrats of the Second District met in convention 
at Davenport on June 15th. 2:5 Complete records of the pro- 
ceedings of this convention have not been found. 24 Some 
important facts, however, have been gathered from the 
newspapers of the time, which throw considerable light on 
the convention. The Iowa Standard, on May 31st, observed 
that i ' There are lots of aspirants,' ' for the Democratic 
nomination for Congressman from the Second District, 
' ' and they are as bees in drilling their men; in a locofoco 
convention, the nomination is the real election, and the bal- 
lotting in August, is merely for the purpose of enabling the 
nominee to obtain a certificate, if the whigs fall below in 
counting noses. ' ,25 Shepherd Leffler was a candidate for re- 
nomination, but the names of no other candidates are given 
in the records examined. It must be concluded, therefore, 
that Mr. Leffler was the only candidate seriously considered 
for the nomination. 

Again, the Keokuk Dispatch informed its readers that 
strenuous efforts were made in the Second District to pre- 
vent Leffler 's nomination, based mainly upon the ground 
that he had neglected the interests of that district in failing 
to procure a donation of land to aid in the construction of a 
railroad from Dubuque to Keokuk. In reply to this charge, 
the Keokuk Dispatch published a letter which had appeared 

22 Gue 's History of Iowa, Vol. IV, p. 68. 

23 It will be observed that the Democratic conventions of both congressional 
districts and the Whig convention of the Second District assembled on the same 
date. 

24 The failure to find any record of the proceedings of this convention is due 
to the fact that gaps occur in the files of several Democratic newspapers of 
the time. Again, other Democratic organs, the files of which are complete^ 
give no report of this convention. 

25 The Iowa Standard (Iowa City), New Series, Vol. II, No. 34, May 31 r 
1848. 



56 IOWA JOURNAL OF HISTORY AND POLITICS 

in the Miner's Express (Dubuque) showing that Leffler had 
in fact labored in behalf of the Dubuque and Keokuk rail- 
way project. This letter was written by Mr. Leffler to Mr. 
Collamer, Chairman of the Committee on Public Lands in 
the House of Representatives. Mr. Leffler stated that a me- 
morial had been passed by the last General Assembly of 
Iowa, by unanimous vote, asking for a grant of land for the 
construction of the Dubuque and Keokuk Railroad and that 
this memorial had been forwarded to him. Four arguments 
were then presented in favor of this project: (1) the Gov- 
ernment would receive remuneration for this grant in the 
enhanced value of unsold lands ; (2) the railroad would pass 
through a rich agricultural area; (3) it would afford cheap 
markets ; and (4) the land would lie unoccupied longer with- 
out the railroad. Mr. Collamer was then quoted as replying 
that the committee was disposed to favor the project, but 
that nothing could be done until " official information", 
which would authorize them to report the memorial for the 
favorable consideration of Congress, should be received. 26 

It is evident, therefore, that Leffler defended himself suc- 
cessfully against the charge of neglecting the interests of 
his constituents, for the attempted opposition to his nom- 
ination culminated in failure and he was recommended by 
the convention for reelection to Congress and was well sup- 
ported by the Democrats of the Second District in the en- 
suing campaign. 27 

Finally, while no record has been found of the resolutions 
passed by this convention, The Bloomington Herald states 

26 Keokuk Dispatch, Vol. I, No. 10, July 27, 1848. 

See also the Weekly Miner's Express (Dubuque), Vol. VIII, No. 10, Novem- 
ber 3, 1848, which contains a long editorial concerning Leffler 's candidacy for 
Congress. This editorial quotes a letter signed by " Justice", which contends 
that Leffler labored for "the North" in the matter of securing a public land 
grant for the construction of the Dubuque and Keokuk Eailroad. 

27 For a biographical sketch of Shepherd Leffler see The Iowa Journal of 
History and Politics, Vol. X, pp. 475, 476. 



CONCESSIONAL ELECTIONS IN IOWA 



57 



that "The locofoco Congressional Convention, which met at 
Davenport on the 15th of June, swallowed the entire resolu- 
tion of the Baltimore convention, prohibiting internal 
improvements." 28 This resolution reads as follows: 
"Resolved, That the Constitution does not confer upon the 
general government the power to commence and carry on a 
general system of internal improvements." 29 The adoption 
of this resolution was antagonistic to the first provision of 
the Whig platform of the Second District, which stated that 
"the most important labor to be performed by the repre- 
sentatives of the people from the West in Congress is to 
secure an appropriation from the General Government for 
the improvement of rivers and harbors. ' ' It was to be ex- 
pected, therefore, that the Whigs would ridicule and de- 
nounce the Democrats in the coming campaign for taking a 
position hostile to the interests of the people of Iowa. 
Judging from the tone of the press, the Democrats of the 
Second District in general approved the Baltimore plat- 
form. It is evident, too, that they were careful to avoid any 
reference to the issue of slavery extension. 

The congressional platforms of the respective parties of 
the two districts having been announced and the candidates 
for Congress presented, the campaign opened with great 
earnestness and enthusiasm. As early as the month of 
May the Keokuk Register observed that "the calm which 
usually precedes a political campaign, already gives in- 
dications of a stormy season. In a government, constituted 
as the American Eepublic, that clashings should not un- 
frequently arise between the people and those in power, is 
to be expected, and in an examination of the causes which 
provoke differences, the usurpations of the latter will be 
found to present the most fruitful source. Such is the con- 

28 The Bloomington Herald, New Series, Vol. Ill, No. 108, July 1, 1848. 

29 StanwoocPs History of the Presidency, p. 200. 



58 IOWA JOURNAL OF HISTORY AND POLITICS 



test upon which the people of this country are now about 
to enter. . . . The question has become one of as- 
cendency between the ruler and the governed. It is there- 
fore of the utmost importance, that harmony shall prevail. 
Personal predilections and personal enmities should all be 
surrendered, in order to secure the important result. . . . 
"Without unanimity, irrevocable defeat stares us in the face. 
This unanimity is perhaps more general, than has hitherto 
ever existed. ' ' 30 Following these observations, the nomina- 
tion of Daniel F. Miller for Congress was approved with 
i the remark that his devotion to the principles of the Whig 
party was a sufficient guarantee to the people of the First 
District. 

A week later this same journal predicted that "The 
policy for which the Whigs have so long been contending, 
in regard to National and State policy, must be adopted, 
whichever party be in power. Necessity will enforce it, and 
the chameleon, 'progressive democracy', can easily change 
color, to suit the emergency. But other questions of the 
first magnitude,' 9 remarked this organ, "are presented". 
These questions are summed up as follows: (1) "the en- 
croachments of the Executive upon the other departments 
of the Government " ; (2) "the utter disregard of western 
interests''; and (3) "the grasping after additional slave 
territory." These considerations, concluded the KeoJcuJc 
Register, "should, independently of any other considera- 
tion, sink the administration in the estimation of the 
American people, into utter annihilation." 31 

But the respective candidates for Congress were also to 
receive their full measure of praise and censure. Thompson 
and Leffler were charged in particular with having neglected 
and disregarded the interests of Iowa in their failure to 

so Keokuk Register, Vol. II, No. 1, May 25, 1848. 
si Keokuk Register, Vol. II, No. 2, June 1, 1848. 



(!<)N<;kussi()nal kluctions in iowa 



59 



secure congressional appropriations for the improvement 
of the navigation of the M ississippi River and a public land 
grant for the construction of the Dubuque and Keokuk 
Railroad. Mr. Leffler's defense of himself against this 
charge has already been mentioned. In further justification 
of these two candidates for reelection to Congress, the 
Keokuk Dispatch published an editorial which is presented 
in full, as follows : — 

The nomination of Messrs. Thompson and Leffler, by the Dem- 
ocracy of the respective districts, is but a matter of sheer justice to 
these gentlemen. To have refused again to place their names be- 
fore the people for re-election, would have implied a lack of con- 
fidence in their fidelity and ability, which, in our opinion, the 
circumstances of the case will not warrant. We know that there 
are many fault finders, grumblers, w T ho think that our Representa- 
tives have not accomplished as much for the State as they were led 
to suppose would be in their power; but when we give due con- 
sideration to the adverse circumstances under which they have 
labored ever since taking their seats, truly generous hearts can, we 
think, cast no censure upon them for a failure to accomplish more 
for their constituents. 

In the first place, let it be borne in mind that, ever since they 
took their seats in Congress, our country has been engaged in a war 
with a foreign power, and the whole country has been in commotion, 
a strong party trying to tarnish the fair reputation of our country 
by charging that the war, instead of being one in which a patriot 
might enlist with honor, was unholy, cruel, unjust and "God ab- 
horred", the other striving with might and main to defend the 
government from this charge, little legitimate business of any kind, 
whatever, has yet been done. Those who are quietly at home, anx- 
iously awaiting the passage of some favorite bill, have but a faint 
idea of the obstacles that present themselves in the way of obtaining 
the attention of Congress; but which are very apparent to an eye 
witness on the floor. 

As a general thing, the western people look for too much from 
their representatives, and failing to receive all they anticipated, 
attribute the failure to a lack of zeal or ability in their immediate 
representatives, while perhaps, the matter was beyond the possi- 



60 IOWA JOURNAL OF HISTORY AND POLITICS 

bility of man ; consequently we find that few western members are 
able long to retain their seats, while in the east, members no more 
successful, are frequently retained for many years. 

Indeed, fault-finding, without cause, has become so common that 
we find ministers of the gospel have become addicted to it. We do 
not recollect ever to have heard complaint made that, in the order 
of things, a certain mischievous imp, known as His Satanic Majesty, 
was created, but from every desk we hear the old customer abused, 
in no unmeasured terms, for the faithful manner in which he dis- 
charges his duty. Since we find that grumbling is the order of the 
day, we take it that Messrs. Leffler and Thompson, instead of merit- 
ing censure, deserve well at the hands of the people. 32 

The campaign in July was characterized by great earnest- 
ness and numerous dramatic incidents. Campaign clubs 
were formed; public celebrations were held, accompanied 
by political speech-making and frontier merriment; and 
various "Bailroad Meetings" were called and well attend- 
ed. Party organs indulged in vigorous personalities and in 
violent attacks on opposing party platforms and candidates. 
Thus the campaign progressed until the congressional elec- 
tions in August and continued until the presidential election 
in November. 

On July 1st, The Bloomington Herald, in referring to the 
action of the Democratic convention of the Second District 
in adopting the resolution of the Baltimore platform pro- 
hibiting internal improvements at national expense, made 
the following caustic comments : — 

Now it will be remembered, that, one year ago, these locofoco 
folks pretended to be in favor of the improvement of harbors and 
rivers. . . . Well, Polk's veto message came out, and the pack 
wheeled into line — that is, the office seekers and executive slaves. 
They swallowed the veto message whole. They now swallow the 
Baltimore resolution, because their candidate has endorsed it as 
good "democracy". 

It remains to be seen whether the yeomanry of Iowa, and the 

32 Keokuk Dispatch, Vol. I, No. 5, June 22, 1848. 



CONGRESSIONAL ESLBCTIONS IN IOWA (il 



Union, will wheel into lino, as readily — whether they will be will- 
ing to forego the advantage of a long established construction of 
the constitution, upon this vital subject, and swallow the dogmas of 
Polk and Cass. 

After reviewing the fact that Jackson had signed bills, 
making appropriations for internal improvements, "for 
more than ten millions of dollars during the eight years of 
his administration'', and calling in question the democracy 
of "the Baltimore Convention folks", this journal called at- 
tention to Democratic inconsistency in the following 
terms : — 

Be it known that to improve the rapids of the Mississippi river, 
is, according to modern "Democracy", unconstitutional! . . . .' 
but the constitution, according to the same high authority, confers 
power to fit out a ship of war, and men, to explore the Dead Sea. 
It also gives power to dig a canal .... across the isthmus of 
Tehuantepec. Is there any honesty or candor in these men? If 
these things are all right, then is the most absurd thing become 
rational. How is it, farmers of Iowa. 33 

In reply to the attacks of their opponents, the Democrats 
charged that the Whigs were guilty ' ' of manufacturing and 
circulating charges .... against our party, our 
principles, and the conduct of our public men" which were 
"of such aggravated malignity" that they were "utterly 
without foundation in truth." It was intimated, too, that 
"no misrepresentation" was "too glaring, no accusation 
too preposterous, to find a greedy market among the orators 
and press of the Federal party." Finally, "every Demo- 
crat" was counselled to be "on his guard", to "watch his 
opponents closely and meet fearlessly every attack of the 
wily enemy with truth. ' ' 34 

But the Democrats did not confine themselves wholly to a 
defense of their party principles and candidates. They 

33 The Bloomington Herald, New Series, Vol. Ill, No. 108, July 1, 1848. 

34 Iowa Democratic Enquirer (Bloomington), Vol. I, No. 2, July 15, 1848. 



62 IOWA JOURNAL OF HISTORY AND POLITICS 

reminded the Whigs of the unwelcome truth that their party 
was divided in its counsels and that it was composed of two 
irreconcilable factions based on sectional lines. This di- 
vergence of views between the northern and southern wings 
of the Whig party was reviewed by the Iowa Democratic 
Enquirer (Bloomington), as follows: — 



WHIG PRINCIPLES 



1. 

2. 
3. 



NORTH 

All men have certain in- 
alienable rights. 
No more territory. 
Wilmot Proviso. 



4. Protective tariff. 

5. United States Bank. 

6. Rivers and harbors. 



7. 



8. 



Rights of the North. 
No more foreigners. 



10. 

11. 
12. 

13. 
14. 



9. Damnable, God abhorred 
war! 

Pirates, robbers & murder- 
ers. 

Our Fillmore. 
Distribution of the pro- 
ceeds of public lands. 
State responsibility. 
Guard the public domain. 



2. 
3. 

4. 
5. 
6. 

7. 

8. 

9. 

10. 



SOUTH 

Two hundred years of leg- 
islation have sanctified it. 
" Absorption of Mexico !" 
All territory adapted to 
slave labor ! 
Sufficient for revenue. 
Obsolete idea! 
Economical administration 
of the government ! 
Our "peculiar institu- 
tion"! 

No objection to foreign 
emigration ! 

"I might slay a Mexican!" 
— Clay. 

Our gallant army! 



11. 
12. 



15. Manufacturers. 



Old Zach ! 

Not expedient under exist- 
ing circumstances. 
Assumption State debts! 
Pre-emption and gradua- 
tion ! 

15. Agriculture! 35 



13. 
14. 



Thus did a leading Democratic journal of Iowa analyze 
the position of the Whig party in 1848. From this analysis 
two conclusions are to be drawn: (1) slavery was the ulti- 

^Iowa Democratic Enquirer (Bloomington), Vol. I, No. 2, July 15, 1848. 



CONGRESSIONAL ELECTIONS IN IOWA G3 



mate basis of the division of the party into northern and 
southern wings; and (2) this division was a source of weak- 
ness to the Whig party in Iowa. As long as the Whig party 
was preserved intact as a national organization, the party 
in Iowa was united, but when the national organization was 
finally rent asunder, the Whigs of Iowa were among the first 
to dissolve, the major portion of them joining with the Free 
Soilers in the formation of the Republican party. In the 
meantime the Whigs of Iowa were taunted with the fact 
that their party was divided and that it would avail them 
nothing to elect Representatives to Congress for they could 
accomplish little in opposition to Southern wishes. 

The Whigs, on the other hand, endeavored to neutralize 
the effect of this contention by the countercharge that the 
Democratic leaders were trying "to rise to place and power 
by falsehood and misrepresentation of the course marked 
out by the candidates of the Baltimore nomination " ob- 
serving that "Not withstanding the fact exists, that the 
convention which nominated Gen. Cass repudiated the doc- 
trines of river and harbor improvement, and the conven- 
tions, in this State, have endorsed the position of the 
Baltimore nomination, still in the face of such glaring facts, 
the leaders of the party here undertake to say that they 
are in favor of these improvements, and contend that Cass 
is also. Yet they freely endorsed the doctrines of the veto 
of the river and harbor bill, by Mr. Polk, which declared 
that Congress had no power to improve the rivers and har- 
bors. " It was "upon such as volunteer these contradic- 
tions and untruths,' ' concluded the Whigs, "that we war! 
— and we ask the people to consider." 36 

In the meantime, the respective candidates for Congress 
were actively engaged in the canvass. A number of speech- 
es were delivered, but none of them were printed in the 

36 The Bloomington Herald, New Series, Vol. Ill, No. 110, July 15, 1848. 



64 IOWA JOURNAL OF HISTORY AND POLITICS 



newspapers of the time. On the other hand, the candidates 
came in for their full share of commendation and denuncia- 
tion, which, however, so far as can be judged from the 
records, had no appreciable effect in determining the result 
of the election. 

Interest now shifted, in particular, to the First District, 
where Daniel F. Miller had a fighting chance against his 
opponent, William Thompson. 37 On July 27th, the Keokuk 
Dispatch copied the following editorial from the Fairfield 
Sentinel summarizing Thompson's chances for reelection :— 

We are pleased to hear, from all quarters of the district, that 
the prospect of the re-election of Mr. Thompson is of the most 
auspicious character. His industry and devotion to the interests 
of his constituents have been constant, and most conducive to the 
public welfare. In adding to the mail facilities of his constituents, 
he has been assiduous and most successful. In obtaining from the 
proper department a speedy and liberal construction of the Des 
Moines River Grant, he evinced much tact, and most commendable 
zeal. The improvement of the Mississippi rapids .... the 
railroad from Keokuk via Iowa City to Dubuque, and the railroad 
from Davenport to Council Bluffs, which, if constructed, will pass 
through the heart of our district, have all received his support, and 
will continue to be sustained by him. His opponent is actively en- 
gaged in canvassing the district. We are told that he assails Mr. 
Thompson, but are uninformed of the ground he takes against him. 
. . . If he should address the people here before the election, we 
invite him to renew his attacks .... and he will find that 
his assaults on the course and votes of Mr. Thompson will be most 
frankly and specifically met. 38 

On the same day, the Keokuk Register came out in a long 
editorial addressed "To the Voters of the First Congres- 
sional District." After reviewing at length the adminis- 
tration of James K. Polk and denouncing especially the 

37 The outcome of this campaign was the first contested congressional elec- 
tion case in the history of Iowa. This case will be discussed in the next article. 

38 Keokuk Dispatch, Vol. I, No. 10, July 27, 1848. 



CONGRESSIONAL HMSCTIONS IN IOWA 



65 



annexation of Texas and the conduct of the Mexican War, 
it went on to make the following observations relative to 
the congressional campaign in the First District :— 

It is fair to presume that Mr. Thompson gives his blind adher- 
ence to the actions of the administration as it has received the sanc- 
tion of a portion of the party that nominated him, and will sustain 
Gen. Cass in similar assumptions, as the course of the President 
has received his hearty approval. On the other hand, Mr. Miller is a 
zealous advocate for a strict construction of the constitution ; an ad- 
vocate of that fundamental principle of Government that the will 
of the people should be superior to that of a man ; is devoted to the 
extension of western instead of the South or Eastern Seaboard 
exclusively ; is in favor of raising the tariff to gradually liquidate ' 
a heavy national debt, without taxing tea and coffee, the luxuries 
of the poor, or resorting to direct taxation ; does not question the 
power of Congress to legislate over territory, which has been or may 
be acquired, and recognizing the existence of slavery as admitted 
by the Constitution, to be an inviolable right opposite to extension 
over other territory. 

Mr. Thompson nor his friends have expressed, so far as we are 
informed, his opinions of public policy. We are then compelled to 
assume the principles promulgated by the Baltimore Convention as 
declaratory of his views. That manifesto regards the acts of Presi- 
dent Polk as great reforms. It is opposed to a National Bank; cir- 
cumstances render a bank unnecessary if not inexpedient, and the 
Whigs, in no place have raised it as a question.— It is opposed to 
the distribution of the public lands. How could it be otherwise 
since Congress has already pledged them to the volunteers %— It is 
opposed to the Wilmot Proviso. The Whigs are in favor of free 
soil and free labor, in the new territory.— It is opposed to altering 
the Tariff of 1846. Our country is a hundred millions in debt with 
interest continually increasing, our government must then either 
repudiate or resort to direct taxation.— The Whig doctrine is to 
let the tariff meet this exigency of the Government. — It is opposed 
to a general system of internal improvements. The Whigs are in 
favor of benefiting our countrymen by increasing facilities for 
transportation to market by judicious appropriations on the great 
commercial thorough fares of the nation. 

vol. xi — 5 



66 IOWA JOURNAL OF HISTORY AND POLITICS 



These are the principal points of difference and these you will be 
called to decide upon, on the 7th day of August next. Never, 
perhaps, since the origin of our Government have more momentous 
questions been presented. The preservation of the great principles 
of constitutional liberty are now placed in your hands. Will you 
show yourself worthy of the trust? Then use your voices, your 
influence and your vote in securing the right, and while every man 
does his duty there is no such word as fail. 39 

In concluding this account of the congressional campaign 
and election of 1848, reference should be made to the en- 
trance of a third party in Iowa politics at this time: the 
Free Soilers. Although a negligible factor in the campaign 
of 1848, the Free Soil Party is nevertheless of great sig- 
nificance in the light of later developments. Led by men 
who were dissatisfied with the compromising position of 
the Whigs and Democrats on the question of slavery ex- 
tension, this party formed the basis on which the various 
anti-slavery extension elements united in the formation of 
the Republican party. 40 The discussion of the Free Soil 
movement in Iowa will, however, be deferred to a future 
paper. It is sufficient to state in this connection that Iowa 
furnished two Free Soil candidates for Congress in 1848. 
In the First District, Samuel L. Howe announced himself as 
the Free Soil candidate ; while in the Second District, James 
Dawson appeared as the congressional nominee. The one 
issue on which these two gentlemen based their candidacy 
was "Free Soil, Free Speech, Free Labor, and Free Men", 
but there is no evidence that the candidates displayed any 
activity in the congressional campaign. Nor did their can- 
didacy attract much attention. 

The election took place on Monday, August 7th. The 
official returns showed that the Democratic nominees in 
both congressional districts had won by safe margins. In 

39 KeoJcuTc Register, Vol. II, No. 10, July 27, 1848. 

40 For a discussion of the Free Soil party see Woodburn 's Political Parties 
and Party Problems in the United States, Chapter VI. 



CONURHKKIONAL KLKCTIONS IN IOWA 



07 



the First District, William Thompson received G477 votes, 
Daniel F. Miller 6091, and Samuel L. Howe 310. Thomp- 
son, therefore, had the lead over Miller by 386 votes. If 
the votes received by Miller and Howe are combined, 
Thompson's majority is cut down to 76 votes. In the 
Second District the vote stood as follows: Shepherd Lef- 
fler, 5789; Timothy Davis, 5398; James Dawson, 178; and 
scattering, 8. Thus Leffler had the lead over Davis by 391 
votes, and a majority of 205 votes over all the other candi- 
dates combined. 

An analysis of the official returns by counties shows that 
in the First District the Whigs carried the counties of. 
Dallas, Henry, Jasper, Mahaska, and Poweshiek; while in 
the Second District they carried the counties of Delaware, 
Jones, Linn, Muscatine, Washington, and Louisa. The 
Democrats carried all the other counties except Johnson 
County in the Second District which cast 347 votes each for 
Leffler and Davis. The Free Soil vote was cast as follows : 
In the First District, Henry County gave Howe 135 votes ; 
Jefferson County, 9; Lee County, 110; Van Buren County, 
55 ; and Wapello County, 1. In the Second District, Dawson 
polled 4 votes in Clayton County, 1 vote in Iowa County, 
95 votes in Washington County, 14 votes in Louisa County, 
and 64 votes in Des Moines County. 41 

On December 3, 1849, Shepherd Leffler and William 
Thompson presented their certificates of election duly 
authenticated by the Governor of Iowa, and were admitted 
to their respective seats in the House. 42 But the election of 
William Thompson was to be contested by Daniel F. Miller, 
as the sequel will show. 

Louis B. Schmidt 

The Iowa State College of 
Agriculture and Mechanic Arts 
Ames Iowa 

41 Election returns as found in the Archives in Des Moines. 

42 Congressional Globe, 1st Session, 31st Congress, 1849-1850, p. 2. 



CAPTAIN JAMES ALLEN'S DRAGOON EXPEDITIO: 
FROM FORT DES MOINES, TERRITORY 

OF IOWA, IN 1844 

The United States House of Representatives passed 
resolution on the 29th of J anuary, 1845, requiring the Se< 
retary of War to furnish "a copy of the report, journa 
and map of Captain J. Allen, of the first regiment c 
dragoons, of his expedition during the past summer to th 
heads of the rivers Des Moines, Blue Earth, etc., in th 
northwest". The papers transmitted by Mr. Marcy in con 
pliance with this request form No. 168 of the House Ec 
ecutive Documents, 29th Congress, 1st session, and ai 
reprinted below because they are believed to be deservin 
of a wider circulation than rare government publication 
permit. 

BIOGEAPHICAL SKETCH OF JAMES ALLEN 

James Allen was born in Ohio in the year 1806. At nin( 
teen years of age he entered the United States Militar 
Academy as a cadet from the State of Indiana, and on th 
last of July, 1829, he was graduated thirty-fourth amon 
the forty-six members of a class made memorable by sue 
men as Robert E. Lee and Joseph E. Johnston of the Coi 
federate States army and Charles Mason, Chief Justice c 
the Supreme Court of the Territory of Iowa. 1 

Second Lieutenant Allen was at once assigned to dut 
upon the western frontier. While he was stationed wit 
three companies of the Fifth Regiment of Infantry at Foi 
Brady, Sault Ste. Marie in the Territory of Michigan, th 

1 See Mr. Clifford Powell's article on the History of the Codes of Iowa La 
in The Iowa Journal op History and Politics, Vol. X, p. 12. 

68 



THE JOURNAL OF CAPTAIN ALLEN 69 

War Department authorized Henry R. Schoolcraft to make 
an expedition to the Indians of the Northwest. Then, in 
ohedience to Major General Macomb's order to detail an 
officer with ten or twelve men to escort the party, the com- 
mandant at Fort Brady selected young Allen. 

Between the 7th of June and the 25th of August, 1832, 
Schoolcraft and Allen headed a company of thirty-five per- 
sons and traveled a distance of two thousand eight hundred 
miles. So far as time and means allowed, Allen prepared a 
journal of some sixty-eight printed pages in accordance 
with directions "to describe the country .... to de- 
lineate, topographically, the route and several points of 
importance ; to ascertain the manners and characters of the 
various Indian tribes, their numbers, strength in warriors, 
condition, mode of living, of obtaining subsistence, whether 
at peace with their neighbors or not, their places of resort 
for foreign supplies, how supplied, and by whom." Fur- 
thermore, he noted down the nature of the soil ; the geology, 
mineralogy, and natural history, and furnished information 
as to the quantity, quality, and facilities of procuring the 
game and fishes of the region. 2 

Lieutenant Allen submitted his map and daily account of 
the expedition to the Secretary of War, Lewis Cass. The 
journey had proven to be one of considerable achievement, 
for as the famous geographer Nicollet declared a few years 
later: "The honor of having first explored the sources of 
the Mississippi, and introduced a knowledge of them in 
physical geography, belongs to Mr. Schoolcraft and Lieu- 
tenant Allen. I come only after these gentlemen ; but I may 

2 For this famous expedition to and beyond the sources of the Mississippi 
Eiver on a visit to the northwestern Indians, see House Executive Documents, 
1st Session, 23d Congress, No. 323; or American State Papers, Military 
Afairs, Vol. V, pp. 312-344. 

Allen's map may be found in Schoolcraft's Narrative of an Expedition 
through the Upper Mississippi to Itasca LaJce (1834). 



70 IOWA JOURNAL OF HISTORY AND POLITICS 

be permitted to claim some merit for having completed 
what was wanting for a full geographical account of these 
sources." 3 

On March 4, 1833, Allen became a second lieutenant of the 
First Eegiment of Dragoons, an organization of horse 
troops with headquarters at Jefferson Barracks near St. 
Louis, created by Congress as a species of frontier military 
force, which soon came to be especially dreaded by the 
Indians of the Middle West. Allen remained on staff duty 
at Fort Dearborn, Chicago, until his promotion to a first 
lieutenancy on May 31, 1835, when he began to serve at 
Forts Leavenworth and Gibson in the South as an en- 
gineer "in connection with the reconnoisance of the Indian 
country." A captaincy was his reward on June 30, 1837. 

During the summer of 1842 Captain Allen received or- 
ders to march to Fort Atkinson, Territory of Iowa, with 
Company I of the Dragoons. Taking a direct route from 
Fort Leavenworth, crossing the Des Moines River above the 
Raccoon Fork, he arrived at his post among the Winnebago 
Indians on August 7, 1842. Soon afterward he proceeded to 
the Sac and Fox Agency, twenty miles due west of Fair- 
field. By permission of Major John F. A. Sanford of the 
American Fur Company, Captain Allen quartered his 

s United States Executive Documents, 2nd Session, 28th Congress, No. 52, 
p. 59. 

Elliott Coues wrote: " James Allen's name is not so well known in this 
connection as it should be. That is to say, the public seldom connects his 
name with the discovery of Lake Itasca. But if Mr. Schoolcraft was the 
actual head of the expedition of 1832, and became its best known historian, 
Lieutenant Allen was a large and shapely portion of the body of that enter- 
prise, decidedly the better observer, geographer, and cartographer; . . . 
the author of an able, interesting, and important report upon the subject, 
which he made to the military authorities .... His movements were 
the same as Mr. Schoolcraft's .... ; his operations more extensive and 
more intelligently directed to explore and report upon the country. He named 
Schoolcraft Island and various other things; Allen's Bay was named for him 
by Mr. Schoolcraft, and Allen's Lake by Mr. Brouwer." — The Expedition of 
Zedulon M. PiTce, Vol. I, p. 332, footnote. 



TIIK .IOIIHNAL OF CAI'TAIN ALLKN 



71 



dragoons in eight Log cabins then abandoned for purposes 

of Indian trade, and also built stables for his horses and 
huts for two officers. This temporary post he designated 
Fort Sanford, but the Government retained the name of the 
agency. 

On November the 12th, 1842, the commandant conducted 
a small force on an expedition to the mouth of the Raccoon 
River. There, at the confluence of the Raccoon and the Des 
Moines, he established a new military post, evacuating his 
camp at Sac and Fox Agency on May 17, 1843. The troops 
at once set about constructing officers' quarters, barracks, 
stables, and corrals, and also laid out gardens. Allen chose 
the none too euphonious name "Fort Raccoon" for this- 
western post, but General Scott of the War Department 
preferred to call it Fort Des Moines. 

Although Captain Allen was kept busy protecting the 
Sacs and Foxes in their treaty rights by driving squatters 
back across the Indian border, he found time to make the 
exploring expedition of which he rendered the journal re- 
printed in these pages. In the summer of 1845 he was 
ordered to join Captain Sumner of Fort Atkinson on a 
visit to the Sioux dwelling along the St. Peter's or Minne- 
sota River. 4 

Upon Captain Allen's recommendation Fort Des Moines 
continued to be occupied until the spring of 1846, when the 
troops marched out to serve as a military escort for the 
remnant of the Sacs and Foxes who had not removed to 
Kansas with their tribe in October, 1845. The site of 
Allen's post was, within a short time, destined to become 
the home of hundreds of ambitious pioneer families, the 
county seat of Polk County, and in 1857 the capital of the 
State of Iowa. 

* United States Senate Documents, 1st Session, 29th Congress, No. 1, pp. 
217-220. 



I 



72 IOWA JOURNAL OF HISTORY AND POLITICS 



When hostilities arose between Mexico and the United 
States, Brigadier General Stephen W. Kearny was placed 
in command of the march to Santa Fe and California. He 
despatched Allen northward to bring back several com- 
panies of Mormon recruits. The Mormons had been driven 
from their temple city of Nauvoo by the irate citizens of 
Illinois and were scattered along the road across Iowa. It 
was just after they had planted their settlement at Mt. 
Pisgah that Captain Allen arrived, issued his "Circular to 
the Mormons' ', and with Brigham Young proceeded to 
their camp on the Missouri Eiver. There he opened a re- 
cruiting office, secured five companies of one hundred men 
each, 5 gave the Mormon refugees a fete or ball, which is 
said to have been a fine affair, and then conducted the vol- 
unteers to the rendezvous at Fort Leavenworth. Just 
after this "Mormon Battalion' ' began its march to New 
Mexico, the commander became suddenly ill and died of 
"congestive fever" on the 23d of August, 1846. "Thus," 
wrote Colonel Doniphan, "died Lieutenant-colonel Allen, of 
the 1st Dragoons, in the midst of a career of usefulness, 
under the favoring smiles of fortune, beloved while living, 
and regretted, after death, by all who knew him, both 
among the volunteer and regular troops." 6 

Jacob Van dee Zee 

The State Historical Society of Iowa 
Iowa City 



s Linn's The Story of the Mormons, p. 371; and Hyde's Mormonism, p. 143. 

• For facts in the life of James Allen the writer is indebted to Heitman's 
Historical Register and Dictionary of the United States Army, 1789-1903, Vol. 
I, p. 159; Annals of Iowa (Third Series), Vol. IV, pp. 164-177, 291-293,' 451 • 
The Centennial of the United States Military Academy, 1802-1902, Vol.' I, p. 
837; and Hughes' Doniphan's Expedition, pp. 134, 135. 

In his History of Des Moines and Folic County, Vol. I, pp. 19-24, 47-54 Mr 
Johnson Brigham reprints a part of Allen 's Journal and shows his appreciation 
of " the record of the soldier who planted the colony .... from which 



THE JOURNAL OF CAPTAIN ALL KN 



7.3 



HE PORT AND JOURNAL OF CAPTAIN JAM EH ALLEX'S DRAGOON 
EXPEDITION IN THE TERR I TORY OF IOWA IX THE 

SUMMER OF 1844 

[The following report and journal are reprinted verbatim from House Ex- 
ecutive Documents, 1st Session, 29th Congress, No. 1G8, with the exception that 
the dates of entry in the journal are italicized for the purpose of emphasis. — 
Editor.] 

Adjutant General's Office, 

Washington, March 18, 1846. 

Sir: The report of Captain J. Allen, 1st dragoons, of his 
expedition during the summer of 1844, was received too 
late to comply with the resolution of the House of Repre- 
sentatives of January 29, 1835, before the rising of the 
28th Congress; and, understanding that the mover of the 
resolution (a member of the present Congress) is desirous 
that the resolution should now be complied with, I accord- 
ingly, in compliance with your instructions, furnish a copy 
of the report called for by the resolution above mentioned. 
Instead of the map of the route accompanying the report, I 
submit the more perfect map of the Upper Mississippi by 
Nicollet, (from which Captain Allen's sketch no doubt was 
taken,) upon which the route of the troops under his com- 
mand has been carefully traced, in red lines, in the topo- 
graphical bureau. 

Should it be determined to publish Captain Allen's 
route, Colonel Abert is of opinion it would be best to use 
the plate prepared for Nicollet's map. This mode would be 

subsequently grew the community life that forms the foundation of the present 
work. ' ' 

See also History of the Church of Jesus Christ of Latter-Hay Saints, Vol. Ill, 
p. 191; and Niles' Register, August 1, 1846, Vol. LXX, p. 352. 

The volumes of Heitman and Powell do not credit Allen with having attained 
the rank of Lieutenant Colonel, but The Centennial of the United States Mili- 
tary Academy, 1802-1902, Vol. I, p. 630, and Niles' Register, August 29, 1846, 
Vol. LXX, p. 416, and September 12, 1846, Vol. LXXI, p. 20, give him this 
title. 



74 IOWA JOURNAL OF HISTORY AND POLITICS 



not only much less expensive, but would probably improve 
the original map, 7 which is one of much value. 

I am, sir, very respectfully, your obedient servant, 

R. Jones, Adjutant General. 
Hon. W. L. Makcy, Secretary of War. 



Report of an expedition into the Indian country, made by 
company "I," 1st regiment of dragoons, in obedience 
to orders No. 13, dated headquarters third department, 8 
St. Louis, Mo., June 13, 1844. 

The company was organized for this expedition in the 
early part of J uly, but was detained by subsequent orders 
until the 11th of August. It marched from Fort Des Moines 
with the following strength : 

Captain J. Allen, 1st dragoons, commanding; 

Assistant Surgeon J. S. Griffin, medical staff; 

First Lieutenant P. Calhoun, 2d dragoons ; 

Second Lieutenant P. Noble, 1st dragoons; 

Brevet Second Lieutenant J. H. Potter, 1st infantry, A. C. 
S., and A. A. Q. M.; 9 

50 rank and file of dragoons ; and 

2 privates of infantry. 

The troops were provisioned with pork for 40 days, flour 
for 60 days, and small rations for 70 days. The route 

7 Allen's map does not appear as a part of Document No. 168. 

s The United States was then divided into nine military departments. The 
commandants of Forts Atkinson and Des Moines in the Territory of Iowa 
received orders from Jefferson Barracks near St. Louis. 

9 John S. Griffin was the surgeon at Port Des Moines during its brief exist- 
ence from 1843 to 1846. Patrick Calhoun and Patrick Noble were Military 
Academy graduates appointed from South Carolina. Joseph Haydn Potter of 
New Hampshire ranked next to Ulysses S. Grant in the class of 1843, and was 
breveted several times for gallant and meritorious conduct in the battles of 
Monterey (1846), Fredericksburg (1862), and Chancellorsville (1863), and in 
the campaign terminating with the surrender of Lee's army (1865). He died 
a brigadier general in 1892. 



THE JOURNAL OF ('ATTAIN ALLEN 



75 



designated in the department orders referred to was up the 
Des Moines river, and to the sources of the Blue Earth 

river of the St. Peter's; thenee to the waters of the Mis- 
souri; and thence returning through the country of the 

Pottowatomies. So little was known of the true geography 
of the country to be passed over, that it was impossible to 
define the route beforehand with minute exactness; and I 
was of course embarrassed, in some degree, to estimate the 
time we ought to be out, and the distance we might have to 
march. I therefore made provision for a march of about 
800 miles, and an absence of 70 or 80 days, assuming that 
many days might be employed in exploring the country 
near the line of our route. For the actual route passed 
over, I must refer to the accompanying map, which will 
show it more fully and completely than it could be made by 
any other description. The map was constructed by Lieu- 
tenant Potter, under my immediate direction, and the care 
of taking minute notes on the way, and the pains taken 
during its projection by that officer to secure all the infor- 
mation within his reach, will warrant me in saying that it 
gives a very correct delineation of the country passed over, 
as also the topography of other parts of this territory 
perhaps the most accurate on record. 

For a minute description of the country, and a close re- 
lation of all matters connected with the march, I will refer 
to the accompanying journal, which gives the observations 
of each day, and is nearly a literal copy of my notes made at 
the time shown by the record. 

The route was from this post up the Des Moines river on 
the west side, as far as the "Iron Banks," when we crossed 
that river a few miles above its forks, and 100 miles above 
the mouth of Raccoon; thence up between the forks, but 
near the west branch, to the extreme source of this branch, 
in a lake which I have named "the Lake of the Oaks," 248 



76 IOWA JOURNAL OF HISTORY AND POLITICS 



miles from the mouth of Raccoon. This lake may be taken 
as the true source of the Des Moines river, being at the most 
northerly point of any of its waters, and the furthest from 
its mouth. It is otherwise remarkable for a singular ar- 
rangement of peninsulas, running into it from all sides, and 
for a heavy growth of timber that covers these peninsulas 
and the borders of the lake. We found its latitude, by sev- 
eral observations of the sun, to be 43 degrees, 57' 32"; but 
the observations were made with a small and imperfect 
sextant, and ought not to be assumed as entirely correct. 
We had no means of determining its longitude, as we could 
not with our instruments measure even lunar distances, and 
we were not supplied with a chronometer. 

From the Lake of the Oaks, I explored the country north 
37 miles to latitude 44 degrees 27' 32", and thence east to 
the St. Peter's river, in the same latitude. 

In this route I crossed twice going out, and once return- 
ing, a small stream bearing to the south, and which I took 
to be a branch of the Blue Earth river; and, if so, it is the 
most northerly branch of that river. From the St. Peter's 
river, I made a circuit to the southward of 57 miles, to 
return to the Lake of the Oaks, where a portion of the com- 
mand had remained encamped. Thence I marched nearly 
due west 38 miles to a river which I took to be the Big Sioux 
of the Missouri. We followed this river down 159 miles to 
its mouth in the Missouri river, and thence took the nearest 
practicable route back to Fort Des Moines, crossing on the 
way the Little Sioux river, and several minor streams noted 
on the map. The features of the country from Fort Des 
Moines to the upper forks of the Des Moines river are much 
the same as those of the country bordering this beautiful 
river below — elevated rich prairie, broken by points of 
timber, and well timbered ravines extending into it from the 
river every few miles. The valley of the river often ex- 



THE JOURNAL OF CAPTAIN ALLEN 



77 



pands to make bottoms, sometimes prairie and sometimes 
timber, of one, two, and three miles in breadth, and always 
of the richest quality of soil. The timber of the Des Moines 
for this distance is fully equal to the wants of its share of 
the prairie dividing it from other streams, and will easily 
supply all of the farms that may be made tributary to the 
river. After passing the ' ' Iron Banks,' ' the timber falls 
off very much. The groves are almost all confined to the 
immediate valley of the stream, are narrowed in width, and 
frequently the bare prairie borders both sides. The first 
twenty miles of prairie is elevated, rolling, and dry; the 
soil is sandy, and much mixed with pebbles, and small frag- 
ments of lime and primitive rock. Then comes a series of 
lakes, many of them connected by slues and straits to form 
chains, almost impossible to go around or to cross, and ex- 
tending from the Des Moines to the northward and east- 
ward. This kind of country continues on the river about 
35 miles, giving the greatest embarrassment to the traveller, 
who must frequently betake himself to a raft or ponton 
wagon to make his progress through it. After this comes a 
dry country again, very hilly and broken near the river, and 
back from the river dotted with numerous little lakes that 
have no connexion, outlet, or inlet. Here there is no timber 
except a narrow skirting of a few trees at points along the 
river or on the borders of the lakes, and occasionally a 
pretty grove in a bend of the river or a peninsula of a lake. 
There is not for 70 or 80 miles below the source of the Des 
Moines enough of timber to supply a single row of farms 
along its border. At the Lake of the Oaks there are many 
hundred acres of excellent timber; but the country all 
around it is high and bleak, and looks so inhospitable that 
it will be many years before any settlement can be led to it. 
From this point north and east to the St. Peter's, 50 or 60 
miles, there is much fine rich prairie, covered with a lux- 



78 IOWA JOURNAL OF HISTORY AND POLITICS 

uriant grass, easy to march over in any direction, but no 
timber to speak of. Much the same kind of surface ex- 
tends west from the source of the Des Moines to the Big 
Sioux river of the Missouri. And here was the first great 
buffalo range that we had seen — and surely, of all this 
upper country, these animals could not have selected any 
more rich, luxuriant, and beautiful for their summer feed- 
ing. All of the country from the St. Peter's river to the 
Big Sioux, in latitude from 43 degrees to 44% degrees, may 
be easily traversed by troops, but the commander of a 
column must not march widely from the timber of the 
streams and lakes, else he will find himself often encamped 
without fuel to cook his provisions. The grass is rich and 
abundant in its season, and the surface is well adapted to 
the operations of cavalry. 

We came to the Big Sioux on the 10th of September, in 
latitude nearly 44 degrees, and here saw the first Sioux 
Indians. There were some 20 or 30 of them ; and they were 
much alarmed at seeing us in their country : (see my journal 
of this date.) They were otherwise careless in every re- 
spect, and seemed to be moving along with the buffalo as 
they were all the same people. When we struck this river, 
it looked large enough to have its source 70 or 80 miles 
above. The general course of the river from here to its 
mouth (159 miles) is nearly due south, and it seemed to 
run all the way in a gentle current of two miles per hour, 
except at the falls described in my journal, where it breaks 
through a wonderful formation of massive quartz that 
crosses it perpendicularly, and over which the river falls 
100 feet in 400 yards. The valley of the river is seldom 
more than a mile broad, but is all of the way of the richest 
soil, resembling the alluvions of the Missouri. There is but 
little timber on any part of it — not enough to authorize a 
full settlement of the valley proper. The general level of 



TIIH JOURNAL OF CAPTAIN ALLIEN 



79 



the country back is from 300 to 500 feet above the bed of the 
river; and it falls off to the valley generally in gentle slopes, 
until within fifty miles of the Missouri, when the country 
becomes exceedingly broken, from six to twelve miles back, 
and the bluffs near the river are frightfully steep, and can- 
not be crossed anywhere without the greatest difficulty. 

Leaving the ugly hills of the Missouri about the mouth of 
the Big Sioux, and going east, we find a gently undulating 
surface of country, and cross successively Floyd river, the 
Little Sioux, and Soldier's river. The Little Sioux is much 
the largest of these, and is probably more than 100 miles 
long. All three of these streams are slightly skirted with 
good timber, but there is none anywhere between them. 
The prairie is everywhere of the richest soil, except at the 
crossing of many little deep brooks, with muddy banks, that 
seldom show timber enough to make bridges over them. 
Pottowatomies consider the Little Sioux as the northern 
boundary of their lands, and make great hunts along its 
course every year, killing elk, deer, and bears. From the 
waters of the Missouri, we next come in about 30 miles to 
the upper branches of the Raccoon. Approaching these 
branches the prairie is flat and wet, and much filled up with 
marshes and grassy ponds, through which it is difficult to 
find a practicable route. 

After crossing the Raccoon, the country between it and 
other tributaries of the Des Moines is rolling, dry, and rich, 
and easy to march over. The Raccoon is about 100 miles 
long, and runs all the way in a deep narrow valley clothed 
with the richest of timber. This river is one of the most 
beautiful of the territory, and will soon induce settlement 
and cultivation of its borders along its whole length. 

From Lizard creek of the Des Moines to the source of the 
Des Moines, and thence east to the St. Peter's, is a range 
for elk and common deer, but principally elk. We saw a 



80 IOWA JOURNAL OF HISTORY AND POLITICS 

great many of the elk on our route, and killed many of them ; 
they were sometimes seen in droves of hundreds, but were 
always difficult to approach and very difficult to overtake in 
chase, except with a fleet horse and over good ground. No 
dependence could be placed upon this game in this country 
for the subsistence of troops marching through it. 

Twenty-five miles west of the source of the Des Moines, 
we struck the range of the buffalo, and continued in it to the 
Big Sioux river, and down that river about 86 miles. Be- 
low that we could not see any recent sign of them. We 
found antelope in the same range with the buffalo, but no 
elk, and very seldom a common deer. While among the 
buffalo, we killed as many as we wanted, and without 
trouble. 

The geological features of the route are sufficiently no- 
ticed in my journal, and nothing very remarkable on this 
subject was presented. 

The only rocks seen in place were, first, a limestone ledge, 
forming one bank of the Des Moines at the "Iron Banks,' 9 
where we crossed that river; second, the great bed of gran- 
ite in the valley of the St. Peter's; and, third, the massive 
quartz at the falls of the Big Sioux. 

I was surprised at meeting with more Sioux Indians. We 
penetrated their country very far, saw numerous trails 
and other signs of them, but only came actually in con- 
tact with two small roving parties on the Big Sioux; and 
we came upon these so suddenly that they were forced to 
meet us. They were much alarmed; approached us with 
great timidity, and, notwithstanding our assurances of 
friendship, seemed to wish to get rid of us as soon as pos- 
sible. They told us there was a trading house down the 
Big Sioux, where there were also thirty-six lodges of Sioux 
Indians, all of which was entirely false, as we afterwards 
ascertained. We must have been seen frequently by other 



TIIU JOURNAL OF CAPTAIN ALLEN 



81 



parties of these Indians, who did not wish to meet us; on 
one occasion two or three Indians were seen watching us 
from a distance. 

This expedition, together with the almost simultaneous 
one made by Captain Sumner's company from Fort Atkin- 
son, 10 near the valley of the St. Peter's, and to the north of 
it, must have produced a great moral effect upon these wild 
Indians, as showing them conclusively that we can easily 
throw cavalry enough into the heart of their country to 
chastise them for any wrong they may do to our people and 
government. 

In regard to the information requested of me by Captain 
Cram, of Topographical Engineers, in his letter to Colone'l 
Kearney, 11 dated St. Louis, July 25, 1844, on the subject of 
the extraordinary floods of last summer of the Mississippi 
and its tributaries, as connected with the subject ^alluvial 
formations, I regret that, for want of time ind proper 
means necessary for making the nice observations neces- 
sary to a close investigation of this matter, I will not be 
able to furnish all the information anticipated and politely 
desired by Captain Cram. 

I furnish, however, with cheerfulness, all of my observa- 
tions on this subject that I think of any use. The Des 
Moines river, at the mouth of Raccoon river, rose 13% feet 
above its common stage ; but it was at this point, and gen- 
erally above, confined within its proper banks. It did not 
overflow any of its prairie bottoms, as far as I have ob- 
served, up to its extreme source. Its timbered bottoms, 
being generally lower than the prairie, were, many of them, 
covered from one to three feet. The earthy deposite in the 

10 Fort Atkinson, Winneshiek County, was a military post from 1840 to 1849. 
To-day it is a town of about 700 inhabitants. 

11 Stephen Watts Kearny was Colonel of the First Eegiment of Dragoons. 
He signed his surname without the second e, but a great many writers spell it 
in Captain Allen's way. 

VOL. XI — 6 



/ 



82 IOWA JOURNAL OF HISTORY AND POLITICS 

timbered bottoms varied with the depth of the overflow, and 
would not anywhere exceed a half inch in thickness for 
three feet of overflow. This river, which I traced up care- 
fully to its source, seemed to have risen in proportion to its 
volume or breadth all the way up. 

Thus at the Iron Banks, 100 miles above Raccoon, it had 
risen 10% feet, and 100 miles further up it had risen 7 feet ; 
but this river has but few tributaries above Raccoon, and 
drains a country only extensive in length. It is generally 
broad and shallow, and much of the country along it being 
flat and marshy and slow to draw off, it may never rise in 
height like some other streams of lesser magnitude. The 
next stream to notice was a small branch of the Blue Earth 
river, which we crossed in latitude 44% degrees. This little 
stream, not more than 20 feet broad and 2 feet deep, had 
risen out of its banks, which were 8 feet high, and had up- 
rooted willows and shrubs along its borders which had been 
the growth of years, and deposited them on points project- 
ing into its general course. I observed the same appear- 
ance on other little streams in this latitude, and inferred 
that they had all been much higher this year than for many 
years previous. When we saw the St. Peter's in latitude 
44% degrees, it also showed signs of an extraordinary rise. 
It had overflown all of its proper bottoms, and I noticed a 
deposite of vegetable debris half a mile from its bank, and 
about 30 feet above its ordinary level. This river, where we 
saw it, was narrow and swift for its quantity of water, and 
had scarcely any low bottoms for the expansion of its wa- 
ters at times of high floods. Here it has broken through an 
immense formation of granite rock, and deposited great 
masses and fragments of this rock in its valley for many 
miles below: (see my journal.) 

The next river to be noted is the Big Sioux, which we first 
touched 38 miles east [west] of the source of the Des 



TIIK JOURNAL OF CAPTA IN ALLKX 



Moines, and in latitude about lialf a degree below our point 
on the St. Peter's. It had risen about 17 feet, covering all 
of its bottom lands five or six feet. Great masses of drift 
wood had been deposited on its low grounds and timbered 
bottoms but I saw no earthy deposite worthy of note. We 
followed this river down 159 miles to its mouth, and the 
rise had been everywhere greater as the stream increased 
in size. Near its mouth it had partaken of the great rise of 
the Missouri. And here I noticed water-marks four miles 
from the Missouri, which I estimated to be at least 25 feet 
above the ordinary level of that river. The Missouri had 
been over all of its valley by a great depth; but seeing it 
only at and near the mouth of the Big Sioux, I did not ob- 
serve deposites of alluvion worthy of note. 

From the mouth of the Sioux to the Raccoon, the streams 
had all overflown their banks, but had deposited nothing of 
consequence but driftwood and weeds. The Raccoon had 
been unusually high everywhere; all of its woodland bot- 
toms were filled with drift wood timber and other vegetable 
debris, until within 20 or 30 miles of its mouth, after which 
it appeared, like the Des Moines, to have been confined to its 
immediate banks. The country of the whole route passed 
over showed everywhere traces of wonderful rains, and 
from all that I could observe I am of opinion that the 
greatest rains occurred above any latitude that we pene- 
trated. 

If my journal can give Captain Cram any further in- 
formation than is here detailed, on the subject of his letter, 
and which he has politely requested for a most meritorious 
object, I hope the colonel commanding the department will 
place it at his service. 

Fort Des Moines, Iowa Territory, January 4, 1845. 

J. Allen, Captain, 1st Dragoons. 
Colonel S. W. Kearney, Comm'g third military depart- 
ment U. S. army, St. Louis, Mo. 



84 IOWA JOURNAL OF HISTORY AND POLITICS 

Journal of march into the Indian country in the northern 
part of Iowa Territory 12 in 1844, by company I, 1st 
regiment of dragoons. 

August 11. Marched from Fort Des Moines in very good 
order at 10 a. m.; followed the "Oregon trail" 13 three or 
four miles ; then left it to cross the Beaver river, a tribu- 
tary of the Des Moines ; crossed it and encamped on its left 
bank eight miles from the post. Weather and prairie fair ; 
distance 8 miles ; course NW. by N. 

August 12. We were detained till 10 o'clock to recover 
oxen that had strayed during the night. Marched on a 
narrow dividing ridge between Beaver and Des Moines, the 
Beaver running close to and nearly parallel to the Des 
Moines. Encamped at 5 p. m. on a ravine and branch of 
that river ; there were many of these little ravines thrown 
out from the river on this day's march; they are very deep, 
and give pure spring water. The ox team is very slow and 
sluggish, and sticks worse in the mud than the mules; but 
all the wagons are heavily loaded, and the prairie is soft ; 
it rained hard in the night. Distance 16 miles; 14 course 
NNW. 

12 The Territory of Iowa included the present States of Iowa and Minnesota 
and the eastern parts of North and South Dakota. 

is The main trail to Oregon lay through the State of Missouri via Inde- 
pendence to the Platte Eiver in Nebraska. The movement to the Far West 
seems to have attracted special interest in Iowa in the spring of 1843. From 
this time on emigrants from the young Territory of Iowa became an element of 
strength in Oregon, for the pioneers of that promising country at once adopted 
almost all the statute laws of Iowa. The emigrants followed the Territorial 
roads of eastern Iowa (which alone was occupied by white settlers at that 
date) to Fort Des Moines, the westernmost point of habitation, and from there 
westward they chose their own course overland through the country of the Sacs 
and Foxes and Pottawattamies across the Missouri Eiver to the main trail. 
See also The Iowa Journal of History and Politics, Vol. X, pp. 415, 425. 

14 The party must have encamped in the eastern part of the present county of 
Dallas. Since all of Captain Allen 's route lay through uninhabited country, the 
counties, towns, and rivers of to-day will be referred to as then existing. 



TIIU JOUKNAL OK CAPTA IN ALLUN 



August 13. Started at 7, and soon got on a broad prairie ; 
passed the head of the Beaver 15 about 12, where tin; prairie 
expands still more; kept on the west side of the prairie 
towards the Des Moines; many wet places to detain the 
wagons; encamped at 5 on a deep and well-wooded ravine; 
found one bee tree with good honey. Course very crooked, 
but generally NW. by N. ; distance 17 miles. 10 

August 14. Marched at 7, and followed up the Des 
Moines over much such country as yesterday ; made 18 miles 
NW. by N. ; day and night fine. Encamped on Bluff creek, 17 
a pretty clear little brook, may be 15 or 20 miles long ; tried 
to get an observation of the pole star, but could not with our 
little sextant ; it is too small for any nice purpose. 

August 15. Marched at 6%, and soon left the Des Moines 
far to our right ; prairie large and flat, running up close to 
the river, where it falls off in a sudden bluff, serrated with 
deep short ravines, with good springs ; passed the forks of 
the river early in the day ; saw there elk, but too far off and 
too wild to be chased or shot ; much sign of game is reported 
near the river ; of elk, deer, bears, and turkeys ; encamped 
at 3 on a ravine and near the river ; think we are about the 
neutral ground. 18 Course NW. ; distance 17 miles. 

August 16. Started at 7; in five or six miles saw many 
elk at a distance ; one drove estimated at 100 ; crossed Lizard 

is This point was doubtless somewhere near the town of Woodward because 
the head of Beaver Creek is much farther north. 

is Probably three or four miles south of Moingona, Boone County. 

17 Probably in the northern part of Boone County. 

is In order to prevent clashes between these two hereditary and irreconcilable 
enemies the United States government prevailed on the Sioux and the Sacs and 
Foxes to cede equal shares of a strip of country forty miles wide extending 
from the Mississippi to the Des Moines. This was called "The Neutral 
Ground", and became, in part, the reservation of the Winnebagoes in 1840, in 
which year Port Atkinson was established among them. Port Dodge, opposite 
the mouth of Lizard Eiver, dates from the year 1850. 



86 IOWA JOURNAL OF HISTORY AND POLITICS 



creek about noon, after going much out of the way to get 
down to it; the country near it is so rough; encamped at 
2y 2 p. m. on this creek, at a very pretty part of it, on a high 
bank, with a beautiful prairie all around and extending to 
the Des Moines; killed an elk and a deer at the site of en- 
campment, and saw others. Course NW. by N. ; 10 miles. 

August 17. Eemained encamped to allow the men to 
wash, and the teams to rest; killed one deer, coons, squir- 
rels, waterfowls, &c. ; this seems to be a fine game country. 
Lizard creek is a pretty little branch of the Des Moines, 
clear, crooked, and many ripples ; when we crossed it yester- 
day near its mouth, it was 20 feet broad, 10 inches deep, 
with current of four miles per hour ; it is probably 30 miles 
long, and its valley, which is narrow and deep, is skirted 
with timber enough to support farms along each side of it. 

August 18. It rained very much last night, making the 
prairie soft and extremely difficult for the teams ; we had to 
double teams, and also apply the men to draw the wagons 
through the slues, and these were numerous; worked out 
far from timber, and did not find a place to encamp till 9 at 
night, when we struck a deep ravine leading to the Des 
Moines, the mouth of which is called "Delaware battle- 
ground," 19 a place where a party of some 20 Delawares 
were all killed by the Sioux three years since. Course NW. ; 
distance 10 miles. 

19 Northern part of Webster County. The Indians whom Captain Allen men- 
tions are identified in a report from the Fort Leavenworth Agency, dated Sep- 
tember 1, 1842. It reads as follows: "It may not be amiss for me to state 
here, that a party of sixteen Delawares went out last fall to make a hunt on 
the neutral ground between the Missouri and Mississippi rivers. While pre- 
paring to leave their camp one morning in October, 1841, they were fired on by 
a large party of Sioux, who had surrounded them; some of the Delawares were 
shot down. Some of those that escaped the first fire spoke to a Pottawatomie 
that was with them, and told him to make his escape if he could; that they 
intended to fight by their wounded friends until they were all killed; so they 



THE JOURNAL OF CAPTAIN ALL KN 



87 



August 19. Six horses absent this morning, and were not 
recovered till 9 o'clock; crossed a little creek, broke a wagon 
tongue ; went on a due north course about 5 miles, when we 
struck the west branch of the Des Moines at a place called 
the "Iron Banks;" here we crossed without trouble at a 
rapid ford, on a bottom of lime rock and primitive boulders ; 
the river was above its meridian height, and was rising; a 
little below the ford is a limestone ledge of 20 feet height, 
on the east bank, in their horizontal strata, and much mixed 
and colored with oxides of iron. Above this point the 
prairie seemed to change its character, becoming rolling and 
dry, and much mixed with sand and limestone pebbles ; the. 
west branch, where we crossed it, was about one-third the 
volume of the Des Moines at mouth of Raccoon ; encamped 
on this branch 10 miles above the Iron Banks. 20 General 
course NW. ; distance 15 miles. 

August 20. Kept as close to the river as the slopes and 
ravines would permit, over the same kind of lime country 
that we met yesterday; in the afternoon struck a sluggish 
little stream that we attempted to head, and which led us 
far out into the Big Prairie, and away from timber; en- 
camped at 2 p. m. on a little lake or expansion of this 
stream, about three miles from the main river. 21 Course 
NW. ; distance 15 miles. 

August 21. Made an early start, but found the country 

did, and were all killed. The Pottawatomie got home, but was badly wounded. 
The Delawares say that the Sioux committed this murderous outrage on them 
without any cause or offence whatever, and they have not attempted to re- 
venge themselves in any way, but that they have a heavy charge against the 
Sioux: first, for the murdering sixteen men; for all the horses they had with 
them, riding saddles and pack saddles, guns, traps, blankets, clothing, and 
camp equipage. All these things the Delaware chiefs requested me to report 
to you." — United States Executive Documents, 3d Session, 27th Congress, No. 
2, p. 429. See also p. 419. 

20 West of the town of Eutland, Humboldt County. 

21 On Prairie Creek in southwestern Palo Alto County. 



88 IOWA JOURNAL OF HISTORY AND POLITICS 



so wet and the slues so numerous, that our progress was 
slow and difficult ; the wagons, being yet heavily loaded, cut 
deep into the wet ground, and stuck fast in every mire till 
pulled out by the main strength of the command; the men 
were all the time muddy and wet, and more fatigued than 
on any previous day; about five in the afternoon, while we 
were fast in a mudhole, there came a tremendous storm 
from the north, with torrents of rain ; and night and pitch 
darkness, with rain, thunder, and cold, found us three or 
four miles from timber, and unable to go further ; there was 
no firm ground about us, and there we spent the night as we 
best could, without fire, shelter, or food. Course N. ; 15 
miles. 

August 22. It took all of this day to make six miles 
through this soft prairie, flooded by the rain of yesterday 
and last night ; encamped at sunset on a pretty little lake 4 
miles long and 300 or 400 yards broad, having a rich looking 
little island near the centre ; there are many small groves of 
fine timber skirting this lake, 22 in one of which we en- 
camped. Course NW. ; distance 6 miles. 

August 23. Laid still to-day, and sent back to bring up 
the ox-team that had been left the day before yesterday 
about 8 miles from here; it could not be moved for the 
floods of the slues ; abundance of swan, geese, and ducks on 
this lake, and much sign of otter all around it; one of the 
men shot an elk, but did not get him ; killed plenty of fowl, 
but no fish ; I believe the otter frightened the fish from the 
shores. 

August 24. Eemained encamped, and got the ox-team in 
about sunset, much wearied ; the weather is now fine, but the 
prairie is yet flooded. 

August 25. Marched at 7; in eight miles struck a large 

22 Medium Lake near Emmetsburg. 



\ 



TIIK JOUKNAL OF CAPTAIN ALLKX 



grassy slue or prairie stream connecting two lakes; it was 
100 yards broad and swimming deep; I was obliged to ferry 
everything across in the ponton wagon bed, and to swim 
the horses; this occupied the whole day till dark, when we 
went on two miles more to reach timber, which was found 
on a large irregular glassy lake 2 ' 5 that seems to belong to a 
chain or series of small lakes, forming, as we suppose, the 
sources of the west branches of the Des Moines, that we are 
following up ; the timber of this river is seen off to our left 
about three miles, but cannot be approached nearer by rea- 
son of these lakes. Jones, a citizen, employed as a guide, 
gave up his occupation some days ago ; says he knows noth- 
ing of this country; was never near so high up, and never 
heard of such a country as we are now in; so I am guide 
myself. Course NW. by N. ; distance 10 miles. 

August 26. We spent the whole of this day in fruitless 
search of a way to lead us through these interminable lakes ; 
determined finally at night to cross a strait between two of 
them, 24 and with that object encamped on the south side of 
it, six miles north of encampment of last night. The grass 
of this country is tall and luxuriant, remarkably so for so 
high a latitude, but the whole country is good for nothing, 
except for the seclusion and safety it affords to the numer- 
ous water fowl that are hatched and grown in it. Course 
N. ; distance 6 miles. 

August 27. Crossed the strait at the point chosen yester- 
day ; it was 200 yards broad, and swimming all the way ; got 
all over at 2 p. m., and went on eight miles and encamped 
on the broad prairie, six or seven miles from any timber ; 
we can see timber to the east of us, surmised to be that of 
the Blue Earth river of the St. Peter's; 25 the surface of the 

23 Either Crane or High Lake, Emmet County. 

24 Swan Lake, Emmet County. 

25 They no doubt saw timber on the East Branch of the Des Moines Eiver. 



r 



90 IOWA JOURNAL OF HISTORY AND POLITICS 



country is getting more broken and irregular, as though we 
were approaching the sources of its streams. Course NW. ; 
distance 8 miles. 

August 28. Marched early, and sent Lieutenant Calhoun 
with J ones, the guide, to explore the timber seen off to our 
right, and thought to be that of the Blue Earth river; they 
returned to the command about sunset, and reported that 
they found a lake 26 7 or 10 miles long, of beautiful char- 
acter, with bright pebbled shores, and well-timbered bor- 
ders, having a small stream running into it from the 
westward, and also an outlet to the eastward, which they 
followed down about 10 miles, passing in that distance 
several little lakes or expansions of the outlet, which, when 
they left it, had grown to a stream, 20 or 30 feet broad, 3 or 
4 feet deep, and running with a gentle current in a direction 
a little east of north ; this stream being some distance above 
the sources of the east branch of the Des Moines, and ap- 
parently running to the northward, 27 I infer that it is a 
branch of the Blue Earth river, else an unknown tributary 
of the < < Big Cedar. ' ' Lieutenant Potter was sent to the left 
to explore the Des Moines, which we had not seen for sev- 
eral days ; we had departed from it about seven miles to the 
eastward. I continued my general course (northwest) and 
in eight miles came to a lake three miles long and three 
quarters of a mile broad, clear and pretty, with hard high 
banks all around it, and heavy timber on the end towards 
the Des Moines. My course led me to the Des Moines in the 

26 Turtle Lake, partly in Iowa and partly in Minnesota. Captain Allen's 
geography is uncertain here or else the surface of the country has changed 
since his day. Nicollet's map is certainly not the modern one. Judging from 
the distances traveled each day, the party must have reached a point some- 
where west of Turtle Lake which is to-day the source of the East Branch of 
the Des Moines Eiver. Perhaps Iowa Lake is meant. See Winchell's His- 
torical Sketch of Explorations and Surveys in Minnesota, p. 80. 

27 This description tallies with Nicollet 's map but cannot be accepted to-day. 



THE JOURNAL OF CAPTAIN ALLEN 



91 



afternoon, where, in crossing a little stream, I broke a wag- 
on and encamped; the river here shows only little groves of 
timber at great intervals; is of a reddish muddy color, 30 
feet broad, 2 feet deep, with a current of three miles per 
hour ; its valley is narrow, and the bluffs that border it are 
high, broken, and steep; country passed to-day high and 
sandy and poor; 28 killed a deer. Course NW. ; distance 12 
miles. 

August 29. The prairie was good, high, and dry all day; 
encamped on a little lake half a mile long and a quarter of a 
mile broad, without outlet, 2 miles east of the river. 29 
Course NW. by N. ; distance 23 miles. 

August 30. Marched north five miles to a little lake, 30 
like that of last night, that we passed on our left, and con- 
tinued NNW. seven miles over a wonderfully broken sur- 
face, rising and falling in high knobs and deep ravines, with 
numerous little lakes in the deep valleys, some of them clear 
and pretty, and others grassy; struck the Des Moines at 
12% p. m., and followed it up three miles, when the river 
turned suddenly round to the bluff bordering a ravine ; the 
Des Moines is yet a respectable stream, as though it was 50 
or 60 miles longer ; I will leave it to-morrow, and try to find 
it again in a direction W. by N., as I think this great turn 
to the south is only a great bend out of its natural course. 31 
I sent Lieutenant Calhoun to ascend some high bluffs that 
were seen at a distance on the west side of the river last 
evening; he reports them to be 150 or 200 feet above the 
general level of the country, as they seemed to be from our 
distance ; he found on the highest peak an artificial mound 
of stone, and I found on the east side of the river, five or six 

28 Southeastern corner of Jackson County, Minnesota. 

29 Probably Fish or Eagle Lake. 

30 Bingham or Independence Lake may be referred to. 

31 Cottonwood County. 



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92 IOWA JOURNAL OF HISTORY AND POLITICS 

miles from this peak, a loose stake evidently placed there by 
white men ; I thought it was probably on the route of Cap- 
tain Boone and Captain Canfield from Fort Leavenworth to 
Fort Snelling, made some years since, though I could see 
no other trace of their march. Course NW. by W. ; distance 
20 miles. 

August 31. Spent much of this day in pursuit of elk that 
we could not overtake ; chased and killed a large black bear 
found out on the prairie; the bear being driven into the 
midst of the column, made a considerable commotion among 
the horses and teams, and it seemed as though every man 
in the command had taken one or more shots at him before 
he was brought down; encamped at 12% p. m. on a small 
lake (two miles long and half mile broad) which is evidently 
a part of the Des Moines river; I spent the afternoon in 
exploring the country with a view to determine our future 
march in search of the sources of the Des Moines and of the 
Blue Earth river • as the Des Moines seems to extend much 
further up, I have determined to leave a portion of the com- 
mand at this point, 32 where they may rest for some days, 
whilst I shall continue to explore with another portion. 
Course NW. by W. ; distance 12 miles. 

September 1. Left Lieutenant Noble and 25 men en- 
camped, and marched with all of the other officers and 25 
dragoons, and one team carrying provisions for seven days, 
in search of the sources of the Des Moines and the Blue 
Earth river ; I had been told that the Blue Earth river was 
due west from the head of the Des Moines, but I began to 
suspect that it was further south ; I continued to follow up 
the Des Moines, passing over high prairie hills for 10 or 12 
miles, until, from a principal eminence, I saw a large grove 
of timber, NW. % W., 12 or 14 miles off; marched for it, 

32 On the boundary between Murray and Cottonwood counties. 



T1IK JOURNAL OF CAPTAIN ALI.KN 



and found it to be the timber of a large irregular lake, 88 
from which the river flowed in a good sized outlet of deep 
water and muddy banks; the lake is about six miles Long, 
but at first resembles a series of small lakes, because of 
long crooked points of heavily timbered land running into 
it in all directions ; I take this to be the highest source of the 
Des Moines that is worth noticing as such ; it seems to have 
a little inlet from the northward, but of no size or character. 
There are many small lakes dotting the prairie as far as we 
can see, around this large one, all of which are probably 
drained by the river through the loose sand soil under the 
surface ; encamped on one of these little lakes, a quarter of 
a mile from the larger one. General course NW. by W. ; 
distance 25 miles. 

September 2. Sent a soldier back to Lieutenant Noble 
with instructions to move his camp up as far as our en- 
campment of last night; and, assuming that I had now 
reached the source of the longest and most northerly branch 
of the Des Moines, I took a new course, N. % W., with a 
motive to extend the examination of the country. In the 
first four miles, we struck a large trail running east and 
west, which much resembled a dragoon trail, and was 
thought at first to be that of Captain Sumner's company; 
but I did not think that Captain Sumner had been so far 
west and north, and a closer examination led me to suppose 
it to be a Sioux hunting trail, which had been travelled for 
years ; some of the men thought they found wagon tracks 
on it, but I could see no sign of this kind, except such as I 
thought might have been made by the ends of the lodge 
poles that the Sioux carry on horses with one end dragging 
on the ground ; there were, however, distinct marks of shod 
horses going westward, and it may be that Captain Sumner 

33 Shetek Lake. 



94 IOWA JOURNAL OF HISTORY AND POLITICS 



marched on it for some purpose. Where we crossed his 
trail we saw four elk, and killed two of them, one in full 
chase, and the other running fast after a wound by a still 
shot. I do not like elk meat ; it has a coarse fibre, is unlike 
the deer, and I think a mule would taste about as well. The 
ground passed over to-day was generally high, dry, and 
rich, and the grass good. Encamped near the base of some 
high mounds, on a little stream 34 running eastward, which 
is evidently a tributary of the St. Peter's river. Course N. 
% W. ; distance 15 miles. 

September 3. Marched on the same general course as 
yesterday; in the early part of the day crossed two trails 
near together, and both running east and west ; on the first 
we again saw shod horse tracks, which made it appear to 
most of the gentlemen as Captain Sumner's return trail: it 
may be so, but I doubt it. On the 18th mile, we struck and 
crossed a large creek, (twenty feet broad, two feet deep, and 
current of four miles per hour,) thought to be a branch of 
the Blue Earth river; 35 encamped four miles beyond it at a 
small grove of rich land timber, which was nearly sur- 
rounded by deep grassy marshes ; this is a miserable coun- 
try, full of swamps, and no timber except in sparse little 
groves on the borders of brooks and lakes. This will be my 
furthest point north; to-morrow I go east. Course N. y 2 
W. ; distance 22 miles. 

September 4. Marched as nearly east as possible for six 
hours, when we crossed the same stream we crossed yester- 
day afternoon, but 20 miles lower down; this stream ran 
NW., and we followed it down five miles when we suddenly 
came to a large river for this country, which is evidently 
the St. Peter's river; it is nearly as large as the Des Moines 

34 Probably Cottonwood Eiver. 

35 Either the Eedwood River or the northern fork of Yellow Medicine River. 



THE JOURNAL OF CAPTAIN ALLEN 



95 



below Raccoon; runs in a deep valley one mile broad, be- 
tween very high and timbered bluffs; the valley is itself 
much elevated above the river, and is not what is called 
bottom land; it is without timber except on the borders of 
the stream, and is covered with detached masses of granite 
rock, some of them covering acres ; Lieutenant Potter, who 
was sent to explore the river above as soon as it was dis- 
covered, reports that about four miles above, he found high 
bluffs of primitive rock on both sides of the river, and this 
is surely the formation from which the valley below has 
been filled with fragments. We heard two or three shots 
fired at a distance on the opposite side of the river, and 
supposed we were near Sioux Indians ; but, though we fired 
in answer to them, and put up rockets at night, no Indians 
made their appearance. The valley of this river at this 
place is remarkable, that it continues in a straight line as 
far as we can see, and with about uniform breadth, with 
high, very steep timbered bluffs rising from it to the gen- 
eral surface of the country on either side. The river winds 
through this valley, and may be crossed at rapids without 
running much into wagon beds, though in most places it 
would swim a horse, and seemed now to be in medium stage. 
It is strange that although we are evidently very far in the 
Sioux country, we have not yet seen a buffalo or a Sioux 
Indian. This country is too poor, bleak, and broken to at- 
tract white men much, but it looks wild enough for an In- 
dian and is remote enough for all large game. Encamped 
in the valley of the river. Course E. ; distance 22 miles. 

September 5. Marched down the valley of the river four 
or five miles with a view to see more of its character, and 
then to make a circuit back to Lieutenant Noble 's camp on 
the source of the Des Moines ; the valley all the way was 
filled with marsh ponds and the great irregular masses of 
broken primitive rock before mentioned, making it very 



96 IOWA JOURNAL OF HISTORY AND POLITICS 

difficult to march along it at all ; on leaving it, we rose a very 
high and steep wooded bluff to the general level of the 
country ; then took a course SW. by S., on which we marched 
over the prairie 30 miles, and until 8 at night, before 
we found timber. Encamped on a respectable little creek, 
which we had encamped on going out, and which we take to 
be one of the branches of the Blue Earth river. 30 Whole 
distance to-day, 35 miles. 

September 6. Reached the source of the Des Moines and 
Lieutenant Noble 's camp late in the afternoon, after a hard 
day's march; Lieutenant Noble had reached his present 
camp two days before, having moved up his detachment 
from the point where I left it on the 1st instant, agree- 
ably to instructions sent back to him from this point. All 
the country we have seen, on this trip to the St. Peter's, is 
of an almost worthless description, being broken, poor, and 
marshy, and without any timber of consequence; the hills 
are of a sandy poor soil of lime and primitive pebbles, and 
the valleys are deep marshy slues, with tall heavy grass; 
it is a tedious and difficult country for operations of troops, 
though near the St. Peter's it does not offer many hiding 
places for the Indians. Distance to-day, 22 miles. 

September 7 and 8. Remained encamped on an arm of 
this pretty and singular lake, and took our latitude from 
several observations of the sun meridian; made it 43 de- 
grees 57' 42". I have not, however, much confidence in the 
accuracy of our little sextant, and think it probable that our 
latitude is higher than here shown. This lake is filled with 
water-fowl, and the camp is stocked with ducks ; to-morrow 
I march west in search of the Big Sioux river. 

September 9. The lake that we left this morning is surely 

36 All these streams flow into the St. Peter's or Minnesota Eiver so that it is 
doubtful whether Captain Allen's party ever really saw the head of the Blue 
Earth Eiver. 



i 



TIIK JOURNAL OP CAPTAIN ALLEN 



97 



the head of the Des Moines river; we crossed the only inlet 
it has about two miles above the lake, where it is only a little 
slue ; I do not find any lake on the maps corresponding with 
this, and I infer that it has not hitherto been explored by 
any of the map-makers; I have named it the "Lake of the 
Oaks/ 1 from the forests of immense white oak trees that 
border it and cover its peninsulas. 37 Leaving this lake, our 
course was NW. by W., on a large, high, level and dry prai- 
rie, that seems like the dividing elevation between the 
waters of large rivers ; it divides here the tributaries of the 
Missouri from those of the Mississippi. This prairie, like 
all of this upper country, is dotted over with little lakes, 
though to-day we have seen the timber of only three or four, 
and have touched only one of them ; we passed much sign of 
buffalo, but have not yet seen the animal. Encamped near 
sunset on the border of a slue, in the open prairie, there 
being no timber in sight; the night cold, cloudy, and rain. 
Course NW. by W. ; 22 miles distance. 

September 10. Continued our course on the Big Prairie, 
and in the first eight miles saw three buffalo grazing on an 
eminence about a mile ahead, the first we had anywhere 
seen. I halted the command in a depression of the prairie, 
and, taking some of the officers and men, made a circuit of 
the animals, and put them in full chase straight to the com- 
mand, at a halt, and by this means easily killed all three in 
less than half an hour. Lieutenant Potter killed the first 
one in full chase by the first shot of his pistol. They were 
bulls, and rather lean; but being our first buffalo, we took 
a quantity of the meat. The day was cold, moist, and dis- 
agreeable; marched on eight miles further, striking, at 3 
p. m., a deep looking river running almost due south, and 
as broad as the Eaccoon at Fort Des Moines. This is evi- 

37 This lake escaped the notice of Nicollet, for it is not shown on the map 
published in 1843 after his death. Captain Allen probably referred to this map. 

VOL. XI — 7 



98 IOWA JOURNAL OF HISTORY AND POLITICS 

dently a river of the Missouri, and we are inclined to think 
it the Big Sioux, 38 but have some doubt on this ; we ought, 
before reaching the Big Sioux, to have crossed a long stream 
shown on the maps as Floyd's river; but since leaving the 
Des Moines, we have not touched or seen such a river. 
Some Sioux Indians came to our encampment at the point 
where we struck this river. They composed two or three 
lodges of a roving band of prairie Indians, who seemed to 
be wandering here with the buffalo. They approached us 
with the greatest timidity, two only at first, and then three 
others ; and they, probably, would not have come to us at 
all, if we had not surprised them in a place where they 
could not escape our observation. I had no interpreter 
through whom to speak to them ; one of the dragoons spoke 
a few words of their language, but all he could understand 
of what they said was, that they lived on the St. Peter's 
river high up, and that we would find a trading-house on 
the river we were then on, three days down it. We caught 
a great many small fish in this river, but buffalo — meat of 
the hulls — seems to be the rage for to-night. The country 
to-day has been slightly rolling, but good for marching; the 
grass here is very luxuriant. Course W. by S. ; distance 16 
miles. 

September 11. Last night a heavy white frost, the first 
that we have experienced; determined to follow down the 
river, at least to the trading-house spoken of by the In- 
dians, so marched out on the bluffs. In a few miles, killed 
a lone buffalo bull, and soon after came upon two lodges 
more of Sioux Indians. They were also much alarmed at 
our approach, and three men of them, whom we first saw 
near their lodges on horses, came to us at full gallop, and in 
great agitation. After I had explained to them, as well as 
I could, that we were friends, and were traveling through 

Probably in Moody County, South Dakota. 



THE JOURNAL OP CAPTAIN ALLEN 



99 



their country on a mission of friendship, they seemed much 
pleased, and the principal man galloped off to his lodge and 
hoisted a little American flag; and as we passed his lodge, 
offered us the meat of one or two buffaloes that were curing 
about his camp. These lodges were on the bald prairie, far 
from timber, and seem to be only a stopping place to cure 
and eat the meat they had killed near it. This is surely a 
fine buffalo country, the prairie is cut up with their trails 
in all directions, and we have seen many small parties 
during the day, but, as yet, no large herd. Just before we 
went into camp, I saw several at a distance that I took to be 
cows, and allowed some of the men to give them chase. 
They soon killed four, but all bulls again, and we do not 
need the meat, except the tongues and marrow-bones. In 
the afternoon, Jones killed an antelope, and we saw ten 
more in a short distance among gentle hills of the prairie ; 
I was surprised to meet them in this country; went late 
down to the river to encamp, and did not get a good site, the 
timber being very scarce on the borders of the river. 32 
miles distance; course SW. by S. 

September 12. Twelve horses and mules were missing 
this morning, and under a strong suspicion that the Sioux 
had been among them — some known to have been picketed 
in the best manner are among them. Three of mine, one of 
Dr. Griffin's, and two of Lieutenant Potter's, are also in the 
number. I remained encamped all of the day, sending 
parties in all directions in search of the missing horses, and 
recovered all except four. Lieutenant Potter and Dr. Grif- 
fin and four dragoons are yet out, and will be out all night ; 
it is very unusual for any of the horses to stray from camp 
at night, at this distance and time from home. Last night 
was very dark; the horses were picketed in very tall grass, 
where sentinels could not watch them closely, and I think it 
very probable that Indians came in and loosened and drove 



\ 



100 IOWA JOURNAL OF HISTORY AND POLITICS 

off all that are gone, and have probably secured some of 
them. The Sioux are great rascals, and capable of all kinds 
of theft. 

September 13. Sent out a party on our back trail, and 
marched on down the river. In about twelve miles, came to 
a great and picturesque fall 39 of the river, where we found 
Doctor Griffin and Lieutenant Potter and party, who had 
been searching for lost horses, and encamped here last 
night; they had seen no traces of them, and had resigned 
themselves to their loss. Doctor G. and Lieutenant P. were 
sitting on a rock, and "smoking away their horses to the 
Sioux, " (referring to the Indian custom of giving away 
horses on a ceremony of smoking.) These falls present a 
remarkable feature of the river and country; the river, 
until now, running nearly due south, makes above the falls 
a bend to the west, and round to northeast, and passes the 
falls in a due east course, and continues below in a north- 
east course for six miles, when it resumes its former 
direction. The rock of these falls is massive quartz, and is 
the first rock formation, or rock in place, that we have seen 
since we left the St. Peter's river. It crosses the river here 
north and south, and is not seen elsewhere, the bluffs or 
general level of the country covering it some 250 feet. The 
fall, as near as I could measure it, is 100 feet in 400 yards, 
and is made up of several perpendicular falls — one 20, one 
18, and one 10 feet. The rock in the course and on the 
borders of the stream is split, broken, and piled up in the 
most irregular and fantastic shapes, and presents deep and 
frightful chasms, extending from the stream in all direc- 
tions. There is no timber here on the borders or bluffs, and 
only a little on a small island at the head of the rapids. 
After spending an hour or two at these rapids, moved down 
the river 12 miles, and encamped on a little stream near the 

39 Sioux Falls. - 



THE JOURNAL OK CAPTAIN ALLEN 



101 



main river. As wo were going into camp, saw a herd of 
more than 100 buffaloes at the site of the encampment, gave 
them chase, and killed two cows and a calf, which (it being- 
dark when they were slaughtered) were left on the prairie 
for the night, with the hunters to guard them from the 
wolves. Distance 24 miles; course SE. The party sent to 
hunt horses this morning came up at night, found none ; so 
the four yet lost are abandoned — one horse and one mule 
being public. 40 

September 14. Went a little out of our course to pick up 
the meat killed last night, and continued over a rough coun- 
try, much cut up by various and little brooks ; encamped at 
the mouth of one of them, and killed a buffalo bull standing 
across the river, six men firing at him by volley, and each 
ball taking effect. Buffalo have been in sight almost al- 
ways since we struck this river, and we might have killed 
hundreds by delaying for the purpose. Distance 18 miles ; 
course S. by E. 41 

September 15. Ascended very high bluffs, and marched 

40 Captain Sumner of Fort Atkinson was joined by Captain Allen one year 
later to make a march to the Sioux villages on the St. Peter's or Minnesota 
Eiver. In his report to headquarters he writes: "In the summer of 1844, 
Captain Allen, while on a march in the Sioux Country, lost a government horse 
and mule, and two horses belonging to officers of his command. These animals 
were stolen by an Indian. I heard of this man frequently. He had been 
running about the country boasting of this feat, and I determined to arrest him 
if possible, as it appeared to me highly important that all Indians should be 
made to know that the horses of the government, on service in the Indian coun- 
try, are inviolable, and that they cannot be touched by them without the certain- 
ty of punishment at the time, or afterwards. I arrested this Indian at Traverse 
des Sioux; but as there was no testimony against him, that would convict him 
before a court, I thought it inadvisable to turn him over to the civil authority. 
I sent him down to Fort Snelling, requesting Captain Backus to keep him in 
close confinement until he heard from division headquarters on the subject. 1 
would respectfully refer this case to the commanding general of division. The 
Indian will not be released till orders to that effect are received at Fort Snell- 
ing."— United States Senate Documents, 1st Session, 29th Congress No 1 
p. 219. 

41 This day 's route lay through Lyon County, Iowa. 



102 IOWA JOURNAL OF HISTORY AND POLITICS 



SE. over smooth prairie till 12, then S. W. till 4% p. m. ; 
at 1 struck a clear little river coming down from the east, 
which I take to be the stream at the month of which the 
Indians we first met told ns we would find a trading house ; 
saw what we supposed to be a party of Indians far to our 
left, in the forenoon, but it may have been buffalo. Fol- 
lowed down the clear stream, and encamped near its mouth 
on the main river. We can see no signs of a trading-house 
here, no trails or appearance of near habitation, and I be- 
lieve the Indians have lied to us respecting the existence of 
a trading-house in this country. The little stream, above 
referred to, is 30 feet broad, 2% feet deep, and runs three 
miles per hour ; the banks are low, and it runs over pebbles 
and sand. 42 General course S. ; distance 22 miles. 

September 16. Crossed the clear stream near its mouth, 
and again ascended the bluffs, which here are near 300 feet 
high, and much broken — the breaks running far out from 
the main river; the obstructions forced us to leave the 
river far on our right, and made the line of our march very 
crooked. I sent two men to follow the river as closely as 
practicable, and look if there were any appearances of a 
trading-house in the neighborhood. They found none, and 
so it is demonstrated that the Indians have basely lied and 
deceived us in this respect, and for what purpose, I am un- 
able to conceive. It is said of the Sioux, that they are 
prouder of, and more habituated to, lying than truth-telling, 
and here is pretty good evidence in support of the charge. 
Encamped on a slue at a bunch of willows far out on the 
prairie, 43 horses and mules much fatigued; we have not 
seen any buffalo to-day, nor any fresh sign of them ; we are 
apparently out of their present range. Distance 20 miles ; 
course S. by W. 

42 Bock Eiver, Sioux County. 

43 In Plymouth County. 



TIIU JOURNAL OF CAPTAIN ALLEN \{)?> 



September 17. Marched SW. to strike the river, and en- 
camped on it at 11 a. m., to rest the horses and get an 
observation for latitude. The river here is a large stream, 
larger than the Des Moines, below Raccoon, not quite so 
broad, but is deeper, and runs more water. It has in- 
creased much since we last saw it, (30 miles above,) and 
must have received tributaries from the west that we could 
not see for our distance from it. The bluffs here are not 
so abrupt as above, and the bottoms are broader and 
more fertile ; but the timber of the river does not increase, 
only a few elms and willows skirting the banks, which are 
deep and muddy like those of streams near the Missouri. 
I cannot yet determine what river this may be, whether 
Floyd's river or the Big Sioux. I shall follow it down 
further, and see more of its character; and if the season 
were not so late, I would cross it and explore further west. 
But my horses are much worn, and the grass and prairie 
are killed by the frost, and it is incumbent to hurry home. 
The river here seems to abound in catfish ; the men caught 
20 or 30 large ones in a few hours with fish-hooks. Dis- 
tance 10 miles; 44 course SW. 

September 18. Continued down the river w T ith the great- 
est difficulty, having to rise and descend the bluffs, which 
have increased in height and steepness. After going over 
several points, fell again into the valley of the river, and 
soon saw a great opening to the westward, which I at once 
recognised as the valley of the Missouri. I had not ex- 
pected to meet that river for 30 miles yet, and was sur- 
prised at seeing it here ; though as ouk river here only runs 
into the valley of the Missouri, it may yet be several miles 
to its mouth. Encamped early, on a little brook, to feed on 
luxuriant pea-vine in its little shaded valley. Course S. ; 
distance 16 miles. 

44 Still in Plymouth County. 



104 IOWA JOURNAL OF HISTORY AND POLITICS 

September 19. Endeavored to follow down the valley of 
the river, but could not ; it washes the bluffs so often in its 
bends, we were again driven over the bluffs, which here are 
500 or 600 feet high, and broken almost every mile by deep 
ravines, that, from the heights, look like great chasms in the 
earth. Of course we had all sorts of trouble, upset one 
wagon twice, killed one mule, and broke another wagon 
square off at the hounds. The romance of marching 
through a wilderness country is much abated. General 
course S.; distance 10 miles. 45 

September 20. Remained encamped to repair wagons; 
but, in the meantime, I determined to find the mouth of the 
river that we had traced so far. Doctor Griffin, Lieutenant 
Calhoun, Lieutenant Potter, and J. C. Calhoun, jr., volun- 
teered to accompany me, and leaving Lieutenant Noble in 
charge of the camp, we set out early for this purpose. We 
encountered bluffs, ravines, vine, valleys, tall grass, and 
swamp, and plum-bush, and willow thickets, worse than any 
thing we had seen ; but worked our way along, and, in the 
distance of seven miles, reached really the point where this 
river unites with the Missouri. It comes to the Missouri in 
a due south course, and the Missouri meets it perpendicu- 
larly, as coming from the west. Both, at their junction, 
wash the base of a steep bluff, some 500 feet high, and the 
great river then pursues its general course to the south- 
ward and eastward. Opposite to this point, there appears 
to be a large island of the Missouri, but we could not see 
enough to know if it were really an island, or a peninsula in 
one of the great bends of this river. I have learned all I 
can, now, of the river which we have followed down to its 
mouth. I shall consider it the Big Sioux, until I shall be 
better informed. To-morrow I shall march for home by the 

45 Southwestern corner of Plymouth County. 



THE JOURNAL OF CAPTAIN ALLEN 1Q5 

nearest route I can find. It lias rained most of the day, and 
is cold and disagreeable. 

September 21. Spent the whole day at hard labor in 
making ten miles out from the river over these terrible 
hills ; made two bridges across brooks, and encamped at the 
last one. Course NE. ; distance 10 miles. 

September 22. The country continues broken, but not so 
bad as yesterday. Crossed a large creek on our tenth 
mile, 40 which may be Floyd's river, if that we left yesterday 
is the Big Sioux. It is slightly skirted with timber, and 
looks as though it may be 50 miles long — a very pretty, 
clear stream ; crossed two little brooks without any timber, 
and encamped on a slue. Course E. by S. ; distance 15 miles. 

September 23. Crossed three little brooks, 47 deep and 
miry, with a very little timber on their banks. One of these, 
though almost without current, was generally forty feet 
broad, and six feet deep ; it occupied us two hours to find 
any thing like a practicable ford. The prairie rises very 
gently from these brooks, and is easy to travel over. En- 
camped on the prairie away from timber, but had taken 
some for cook-fires from the last brook. Course E. ; dis- 
tance 15 miles. 

September 24. At 11 a. m. came to the Little Sioux riv- 
er, 48 running to the SW. It is a clear, pretty stream, as 
large here as the Raccoon is at medium stage at its mouth; 
midside deep to our horses; its banks are bordered with 
narrow groves of large timber, cotton-wood, walnut, oak, 
&c. We had to prepare the banks for crossing, and then to 
help some of the weak horses out of the mud at the shore; 
got all over before sunset, and encamped. Here is the site 

46 They probably marched across the southern part of Plymouth County. 

47 Probably Whiskey and Mud Creeks and the West Pork of the Little Sioux. 

48 Somewhere near the northeastern corner of Woodbury County. 



t 



106 IOWA JOURNAL OF HISTORY AND POLITICS 

of a large Indian encampment, supposed to be Pottawat- 
omies, who seemed to have hunted extensively on this river 
about two months ago. Course E. by S. ; distance 10 miles. 

September 25. Had smooth, easy marching for ten miles, 
when we crossed a little creek, and in five or six miles 
further crossed another 49 and larger one, both running to- 
ward the Missouri. The west bank of the last was very 
muddy, and hard to rise, which kept us till night at the 
stream ; nothing but a little willow brush for fire, and it was 
cold. Course E. ; distance 15 miles. 

September 26. In 12 miles crossed a creek 50 like a large 
prairie slue, but running a good deal of water ; eight miles 
more brought us to a stream that I took at first to be 
Soldier's river, 51 but afterwards thought it might be a 
branch of the Raccoon, though where we crossed, it was 
running towards the Missouri. The stream winds in short 
and abrupt crooks through a deep narrow valley, is thirty 
feet broad, two feet deep, and runs one mile per hour; is 
skirted with narrow strips of soft maple, hickory, walnut, 
&c. ; all about us looks like Des Moines country, and not 
like that drained by the water of the Missouri. It is prob- 
able that the small streams we have crossed since we left 
the ' ' Little Sioux, ' ' may unite to form the ' ' Soldier 's river ' ' 
of the Missouri, shown on the maps, and that we have passed 
it. Encamped on this stream, after crossing. Course E.; 
distance 20 miles. 

September 27. Met another ugly prairie slue at the end 
of eight miles, which it took three hours to cross, when we 
came to a country full of marshes and old shallow grass, 
like that of the Upper Des Moines. Encamped on the 

49 Perhaps Maple Biver in Ida County, 
so Probably Boyer Eiver. 

si This is probably Coon Eiver, since Soldier Eiver begins farther south. 



THE JOURNAL OF CAPTAIN ALLEN 



107 



prairie among the marshes, 52 and near an island of timber, 
that we could not reach for the ugly marsh that surrounded 
it. The frosts are becoming severe, and the horses are fail- 
ing fast. Course E. ; distance 12 miles. 

September 28. Spent the whole forenoon in travelling 
ten miles to make four on our course; four fifths of the 
country was marsh, which turned us to all points of the 
compass. At 12 we reached a small lake, 53 from which an 
Indian trail, after much winding around the peninsulas of 
the lake, led us out to better ground, and went on south. 
Followed it ten miles, and encamped on the open prairie; 
no timber near us; had taken a little wood from the lake 
mentioned. Course SE. ; distance 20 miles. 

September 29. At 12 m. crossed a little creek 54 coming 
from the NE., and turning south; turned into it at night to 
encamp, and found it much enlarged by a 'much larger 
stream coming in from the west just above our encampment. 
This seemed to be the west branch of the Raccoon, and we 
are now on the main branch of that river; the prairie, 
though somewhat hilly, was easy to march over all day. 
The bluffs of this stream, where we are encamped, are high 
and steep; its valley is about a mile broad and well tim- 
bered. 55 Course S. ; distance 20 miles. 

September 30. Started late, everything being tired from 
the too long march of yesterday. The grass has been so 
much deadened by the many frosts, that it no longer gives 
the horses a good subsistence; the horses and mules have 
failed wonderfully since we left the Little Sioux, though we 
have walked (on foot) most of the way. Followed down 

s 2 North of the village of Lavinia, Calhoun County. 
5s Twin Lakes. 
Cedar Creek. 

55 At a point just west of Jefferson, Greene County. 



i 



108 IOWA JOURNAL OF HISTORY AND POLITICS 

the bluffs of the Raccoon on our right, and crossed two 
small creeks 56 running into it, both running in deep valleys 
clothed with heavy, good timber. Encamped on the last. 
Course SE. ; distance 12 miles. 

October 1. Marched on the dry ridge between Raccoon 
and Beaver, the timber of both being in sight nearly all the 
way. Killed a fine bear on the prairie in chase ; Sergeant 
Williams shot him dead on first fire with his carbine from 
his horse at a gallop. We move slowly from previous fa- 
tigue. Encamped on Beaver river. 57 Course SE. bv S : 
distance 16 miles. 

October 2. The route was a little rough, being inter- 
sected by ravines both of Raccoon and Beaver; hoped to 
reach home, but could not from weariness of the teams. 
Encamped again on the Beaver, near our trail going out. 
Course SE. ; distance 16 miles. 

October 3. Struck our trail going out, and followed it 
home. Distance eight miles. Reached Fort Des Moines at 
1 p. m., having marched, since we left the post, 740 miles, 
and having been absent 54 days. 

Foet Des Moines, December 31, 1844. 

J. Allen, 
Captain, 1st Dragoons. 

Colonel S. W. Kearney, 

Commanding third military department, St. Louis, Mo. 
True copy : 

R. Jones, Adjutant General. 

March 18, 1846. 

i 

Hardin and Buttriek creeks. 
57 The party is now back in Dallas County. 



SOME PUBLICATIONS 



History of Louisa County Iowa from Its Earliest Settlement to 
1912. (Two volumes.) By Arthur Springer. Chicago : The S. J. 
Clarke Publishing Company. 1912. Pp. I, xii, 448 ; II, 564. Por- 
traits, plates, maps. A majority of the newer histories of Iowa 
counties which have appeared during recent years are decided im- 
provements over most of the older ones. Especially is this true of 
Mr. Springer's work. He has spent many years in careful investi- 
gation, going wherever possible to original source material, and has 
corrected many errors and brought to light much new and interest- 
ing data concerning Louisa County and vicinity. 

The second volume is devoted entirely to biographical sketches of 
citizens of the county and therefore needs no comment. The first 
volume deals, in seventeen chapters, with the history of the county. 
Beginning with geological history, the writer passes on to the story 
of the mound builders, the coming of Marquette and Joliet to the 
Illinois Indians in what is now Louisa County, and an account of 
the various Indian tribes that once roamed over southeastern Iowa. 
Then follows the establishment and early history of local govern- 
ment, including the establishment of the Territory of Iowa and 
later the creation of Louisa County itself. Succeeding chapters 
deal with politics and elections, officers, county finances and taxes, 
Louisa County soldiers, transportation facilities, courts and law- 
yers, doctors, and villages and towns. 

The arrangement is logical, and the volume is what it claims to 
be — a history of Louisa County — and not, as so many of the 
older county histories were, an attempt at a general history of the 
United States and of Iowa, with a few chapters of scattered his- 
torical facts concerning the county. 

Proceedings of the Mississippi Valley Historical Association. 
Volume V. Edited by Benjamin F. Shambaugh. Cedar Rapids: 
The Torch Press. 1912. Pp. 268. The transactions of the Mis- 

109 



110 IOWA JOURNAL OF HISTORY AND POLITICS 



sissippi Valley Historical Association at the mid-year meeting at 
Buffalo, New York, on December 28, 1911, and at the regular an- 
nual meeting at Bloomington, Indiana, May 23-25, 1912, together 
with the papers read at the Bloomington meeting, are included in 
this volume. The papers read at the Buffalo meeting will be pub- 
lished by the American Historical Association. Among the papers 
in the volume under discussion are the following • The Settlement 
of the John Randolph Slaves in Ohio, by Henry Noble Sherwood; 
The Quakers in the Old Northwest, by Harlow Lindley ; The West- 
ern Reserve in the Anti-Slavery Movement, 1840-1860, by Karl F. 
Geiser; The Mississippi Valley in the Movement for Fifty-four 
Forty or Fight, by Daniel Waite Howe; Be Soto's Line of March 
from the Viewpoint of an Ethnologist, by John R. Swanton; The 
Disintegration and Reorganization of Political Parties in Iowa, 
1852-1860, by Louis Pelzer ; and The Battle of Lake Erie, by Paul 
Leland Ha worth. 

Collections of the Kansas State Historical Society, 1911-1912. 
Edited by George W. Martin. Topeka: State Printing Office. 
1912. Pp. xxxii, 569. Portraits, plates, maps. With this volume 
the name Collections has been substituted for Transactions as more 
indicative of the contents. Among the many papers contained in 
the volume the following may be mentioned : Some Western Border 
Conditions in the 50' s and 60' s, by Albe B. Whiting; The West: 
Its Place in American History, by John Lee Webster ; Railroads in 
Kansas, by 0. C. Hull ; The Methodist Episcopal Church, South, in 
Kansas — 1854 to 1906, by Joab Spencer; A History of the Kansas 
School Fund, by Charles Hanford Landrum; A Study of the Route 
of Coronado Between the Rio Grande and Missouri Rivers, by 
James Newton Baskett; The First Capital of Kansas, by Henry 
Shindler; and Some of the Lost Towns of Kansas, by George W. 
Martin. As a frontispiece to the volume may be found a photo- 
graph of the splendid new building of the Kansas State Historical 
Society. 

Financial History of Ohio. (University of Illinois Studies in the 
Social Sciences, Vol. I, Nos. 1 and 2.) By Ernest Ludlow Bogart, 
Ph. D. Urbana-Champaign : University of Illinois. 1912. Pp. 



SOME PUBLICATIONS 



1 1 1 



358. This volume, which begins a new series of publications, sug- 
gests a field of historical investigation which may well be worked in 
other States. The monograph is divided into two parts, the first 
of which deals with financial legislation and administration. The 
three chapters of this part are devoted, respectively, to the financial 
and economic history of Ohio ; receipts and expenditures, including 
a study of the budget ; and financial administration and budgetary 
practice. 

Part two consists of a history of taxation in Ohio, and the four 
chapters deal with the general property tax, the history and taxa- 
tion of banks and banking, the history and taxation of railroads, 
and business and miscellaneous taxes. The history of taxation in 
Ohio is thus covered in the space of one hundred and seventy-five 
pages, a discussion which to say the least could hardly be spoken 
of as comprehensive. The history of taxation in Iowa, as written 
by Professor Brindley and published two years ago by The State 
Historical Society of Iowa, occupied two volumes of nearly five 
hundred pages each. 

AMERICANA 
GENERAL AND MISCELLANEOUS 

The bi-monthly Bulletin of the Indiana State Library for Sep- 
tember contains A Guide to the Study of Conservation. 

The Phases of Progress Toward Peace, by S. C. Mitchell, is a 
pamphlet published in November by the Maryland Peace Society. 

In Memoriam: John Fairfield Dry den 1839-1911, is the title of a 
recent volume which is a handsome specimen of the book-maker's 
art. 

Leonard G. Robinson's study of The Agricultural Activities of 
the J ews in America has been reprinted from The American Jewish 
Year Booh. 

Admission to American Trade Unions, by F. E. "Wolfe, is a recent 
number of the Johns Hopkins University Studies in Historical and 
Political Science. 

The Court of Arbitral Justice is the subject of a brief paper by 



112 IOWA JOURNAL OF HISTORY AND POLITICS 

James Brown Scott, which was published in November by the 
American Society for Judicial Settlement of International Dis- 
putes. 

The proceedings on the occasion of the Unveiling and Presenta- 
tion of the Monument erected on "Dover Green" by the Delaware 
State Society of the Cincinnati have been published in pamphlet 
form. 

An address on the subject, 75 Immigration a Menace?, which was 
delivered at the thirty-ninth National Conference of Charities and 
Corrections by Cyrus L. Sulzberger, has been printed in pamphlet 
form. 

War Paper 88 published by the Military Order of the Loyal 
Legion of the United States, Commandery of the District of Co- 
lumbia, consists of an article on the Opening of the Battle of Shiloh, 
by Charles Morton. 

The October number of the Bulletin of the New York Public 
Library contains a List of Works on City Wastes and Street Hy- 
giene; while in the November and December issues may be found 
installments of a List of City Charters, Ordinances, and Collected 
Documents. 

Among the contributions in The Scottish Historical Review for 
October are : Lord Elgin in Canada, 1847-1854, by J. L. Morison ; 
The Scottish Progress of James VI, by 0. A. Sinclair; The Sea- 
field Correspondence, by the Earl of Cassillis ; and Jacobite Papers 
at Avignon, by R. W. Twigge. 

Among the contributions in the October number of The South 
Atlantic Quarterly may be mentioned the following: The Compro- 
mise Tariff of 1833 — A Study in Practical Politics, by Frederick 
L. Nussbaum; Federal Initiative and Referendum, by Lloyd T. 
Everett; and Undercurrents in Present English Politics, by Wil- 
liam Thomas Laprade. 

Among the articles in the Yale Review for October are: The 
Republican Party, by Samuel J. Elder; The Progressive Party, by 
Herbert Knox Smith; The Democratic Party, by Henry Wade 
Rogers ; Letters of a Roman Gentleman, by Gamaliel Bradford, Jr. ; 



ttOIYIU PUBLICATIONS 



The New Science of Geography, by Ellsworth Huntington; and The 
Modern Ncivspaper As It Is, by A. Maurice Low. 

The Presidency in the Pending Campaign, by Samuel Gompers; 
and The Horizon of Industrial Democracy, by F. 0. Thorne, are 
articles in the November number of the American Federalionisl. 
In the December number Samuel Gompers writes an article entitled 
Scientists Sustain Organized Labor's Demands; and there is a con- 
tinuation of the discussion by F. C. Thorne above noted. 

Proceedings Following Conviction, by Frank L. Randall ; A Pro- 
gressive Program for Procedural Reform, by Nathan William Mac- 
Chesney ; Indeterminate Sentence and Release on Parole, by Edwin 
M. Abbott; and Criminal Procedure, by William N. Gemmill, are 
among the articles in the November number of the Journal of the 
American Institute of Criminal Law and Criminology. 

According to its usual custom the University of Toronto has 
issued an annual Review of Historical Publications Relating to 
Canada, the editors being George M. Wrong and W. Stewart Wal- 
lace, and the books reviewed being those published in the year 
1911. Many of the books reviewed are of interest to students of 
the history of the United States as well as of Canada, 

Discovery of Historic Manuscript of Mexico, by Charles Warren 
Currier; and Resting Place of the Remains of Columbus, by Don 
Enrique Deschamps, are articles in the Bulletin of the Pan Amer- 
ican Union for September. In the November number Harry 0. 
Sandberg discusses Easter Island, the Mystery of the Pacific; and 
George Parker Winship tells of Early South American Newspapers. 

In the August-September number of the Proceedings of the 
American Philosophical Society may be found an essay on the 
Treaty-Making Power of the United States and the Methods of Its 
Enforcement as Affecting the Police Powers of the States, by 
Charles H. Burr. This essay won the prize of two thousand dollars 
offered by Henry M. Phillips and awarded by the American Philo- 
sophical Society. 

The Right of Secession, by H. J. Eckenrode ; The Maintenance of 
the Doctrine of Secession, by H. E. Mcllwaine; The John Brown 

vol. xi — 8 



114 IOWA JOURNAL OF HISTORY AND POLITICS 



Raid, by Douglas S. Freeman; Virginia's Position in 1861 — 
Views of All Sections of the State, by Edwin P. Oox; and Fort 
Sumter, by George L. Christian, are among the articles to be found 
in the Memorial Day Annual, 1912, published by the Department 
of Public Instruction of Virginia. 

Pamphlets published by the American Association for Inter- 
national Conciliation in September, October, November, and De- 
cember, 1912, respectively, are: The Relation of Social Theory to 
Public Policy, by Franklin H. Giddings; The Double Standard in 
Regard to Fighting, by George M. Stratton ; As to Two Battleships, 
consisting of excerpts from the debate in Congress upon the Naval 
Appropriation Bill; and The Cosmopolitan Club Movement, by 
Louis P. Lochner. 

Russian-American Commercial Relations, by John V. Hogan, is 
an article in the Political Science Quarterly for December. Fore- 
stalling the Direct Primary in Oregon is the subject discussed by 
James D. Barnett, who points out some of the weak points in the 
primary and suggests the necessity of adopting the short ballot. 
Political Parties in Japan, by Ernest W. Clement; and The Courts 
and the People, by Thomas Reed Powell, are other articles. 

Among the many articles in the National Municipal Review for 
October may be mentioned the following : Expert City Management, 
by William Dudley Foulke; Ten Years of Commission Govern- 
ment, by William Bennett Munro; Municipal Finances and Taxa- 
tion, by Edward L. Heydecker; The Actual Workings of the Initi- 
ative, Referendum and Recall, by John R. Haynes ; and The Actual 
Operation of Woman's Suffrage in the Pacific Coast Cities, by Mrs. 
Charles Farwell Edson. 

Political Platforms are discussed by John Kirby, Jr., in the Octo- 
ber number of American Industries. The same writer has an 
article on Tolerance and Consequence in the November number, 
where may also be found a discussion of The Fruitful Policy of 
Protection, by Ludwig Nissen ; and a brief sketch of The Constitu- 
tional Election in Ohio, by Opha Moore. The Supreme Court and 
Injunctions, by James A. Emery, is an article in the December 
number. 



SOME PUBLICATIONS ] ir > 

The opening contribution in The Quarterly Journal of Economics 
for November is a study of Agricultural Development in the United 
States, 1900-1910, by J. L. Coulter. Other articles are : Ethical 
and Economic Elements in Public Service Valuation, by James E. 
Allison; Social Denmark, by P. Schou; Fisher's Theory of Crises; 
A Criticism, by Minnie Throop England; and The Origin of the 
National Customs-Service of England, by N. S. B. Gras. 

The American Journal of Sociology for November opens with a 
paper on The Social Origin of Theology, by Shailer Mathews. 
Other contributions are: The Children's Bureau, by Julia C. Lath- 
rop; Social Problems and the Courts, by Roscoe Pound; Walker's 
Theory of Immigration, by E. A. Goldenweiser ; Some Sociological 
Phases of the Movement for Industrial Education, by Frank M. 
Leavitt ; and Patriotism and the Pacific Coast, by J. N. Bowman. 

Four articles appear in The American Economic Review for De- 
cember, namely: The Definition of Price, by Frank A. Fetter; 
Transportation and Competition in South American Markets, by 
H. Parker Willis ; The Impatience Theory of Interest, by Henry R. 
Seager; and Agricultural Credit in the United States, by E. W. 
Kemmerer. Among the reports may be found brief notes on The 
Final Report of the National Waterways Commission, by H. G. 
Moulton ; and on The Federal Corporation Tax on Life Insurance, 
by Maurice H. Robinson. 

The Constitutional Decisions of the Supreme Court of the United 
States in the October Term, 1910, are discussed by Eugene Wam- 
baugh in the November number of The American Political Science 
Review. William T. Laprade outlines The Present Status of the 
Home Rule Question; and William Spence Robertson is the writer 
of a paper on The Monroe Doctrine Abroad in 1823-24. The Irish 
Home Rule Bill, changes in the Constitution of Ohio, public util- 
ities, tax measures of 1912, and vocational education are the sub- 
jects discussed in the Notes on Current Legislation, conducted by 
Horace E. Flack. 

Trade Unions and Trade Disputes in English Law, by J. G. 
Pease; Stare Decisis and the Fourteenth Amendment, by Charles 
Wallace Collins; Law and Liberty, by W. Jethro Brown; and Elec- 



116 IOWA JOURNAL OF HISTORY AND POLITICS 



tion in Insurance Cases, by John S. Ewarts, are articles in the 
November issue of the Columbia Law Review. In the December 
number may be found the following papers: Progress in Reform 
of Legal Procedure, by Everett P. Wheeler ; The Law of Privacy, 
by Wilbur Larremore; and Patents and the Sherman Act, by 
Edwin H. Abbot, Jr. In both of these numbers may be found in- 
stallments of Sir Frederick Pollock's study of The Genius of the 
Common Law. 

The Balkan Union Against Turkey, by E. Alexander Powell; 
The Balkan War: Some Underlying Causes, by George Freeman; 
and The People and the Trusts — The Middleman, by Albert W. 
Atwood, are among the articles appearing in the November number 
of The American Review of Reviews. In the December issue may 
be found The Militant Democracy of the Balkans, by Albert Son- 
nichsen; France's Way of Choosing a President, by Andre Tridon; 
and The People and the Trusts — The Captain of Industry, by 
Holland Thompson. In the January number James W. Garner 
discusses Woodrow Wilson's Ideas of the Presidency; and Benj. 
S. Beecher writes on State Insurance in Wisconsin. 

The Outlook for Industrial Peace is the general topic discussed in 
The Annals of the American Academy of Political and Social 
Science for November. Among the various papers may be men- 
tioned: The National Civic Federation and Industrial Peace, by 
Seth Low ; A New Industrial Democracy, by Edward Ewing Pratt ; 
A Promising Venture in Industrial Partnership, by Robert F. Foer- 
ster; The Attitude of the Courts Towards Industrial Problems, by 
George Gorham Groat; Education and Industrial Peace, by Her- 
man Schneider; and Industrial Peace from the Standpoint of a 
Trade Unionist, by John Golden. The supplement to this number 
of the Annals is devoted to a study of The Reconstruction of 
Economic Thought, by Simon N. Patten. 

Among the articles in The Survey during the past three months 
are the following : Politics and Social Work, by Edward T. Devine ; 
Pragmatism in Politics, by Jane Addams ; Humanizing Politics, by 
Graham Taylor; and Some Social and Economic Results of the 
Revolution in China, by Earl H. Cressy (October 5) ; What is the 



\ 



SOMK PUBLICATIONS 



117 



Minimum Wage?, by Arthur N. Ilolcombe (October 19) ; A Modern 
Lear, by Jane Addams; The Game of Law, by Morris J. Wessell; 
and Health and the Nations, by Ira S. Wile (November 2) ; Progress 
in the New York Court of Appeals, by Edward T. Devine (Novem- 
ber 16); The Salem Trial, by James P. Heaton (December 7). 
Graham Romeyn Taylor is the writer of a series of articles on 
Satellite Cities, installments of which appear in the first issue of 
each month. 

National Waterways: A Magazine of Transportation is the name 
of a new monthly periodical which made its initial appearance in 
November, 1912. As the name indicates, the magazine will be de- 
voted to the movement for the development of the inland water- 
ways of this country, and will make its appeal not in a technical 
manner, but in such a way as to attract widespread, popular inter- 
est. Among the articles in the first number may be mentioned: 
The Mighty River of the West, by J. N. Teal; National Rivers and 
Harbors Congress, by Joseph Eugene Ransdell; Early History of 
the Erie Canal, by George Clinton, Jr.; Waterway Legislation — 
Past and Present, by Stephen M. Sparkman ; Glimpse of Panama, 
by C. L. G. Anderson; and The Two Great Canals, by Hannis 
Taylor. 

Under the heading of War-time Prisons in Virginia George Haven 
Putnam relates some personal experiences in the September number 
of Americana. Here may also be found a brief sketch of Grant and 
the Third Term, by William Hall ; and an article on New York in 
the Thirties, by M. H. Gallagher. In the October number, under 
the heading of Our Unf ought War With England, may be found 
some letters on the Trent affair. "Pap" Singleton, the Moses of 
the Colored Exodus, is the subject of a sketch by Walter L. Flem- 
ing. The November number contains an article on Alexander 
Hamilton and the Grange, by Josiah C. Pumpelly; a paper on The 
TJnpuUished Letters of Grant, by William K. Simmons; and an- 
other installment of the letters on the Trent affair. 

Alphonzo Benjamin Bowers is the writer of a paper on English 
Ancestry of American Families, which occupies the opening pages 
in The Journal of American History for the second quarter of 1912. 



118 IOWA JOURNAL OF HISTORY AND POLITICS 



Much interest attaches to the biographical sketch of Edmond 
Charles Genet, by Louis Franklin Facio Genet, a grandson of the 
famous French minister plenipotentiary to the United States. 
Travel in the Colonies and Early Bays of the Republic is the inter- 
esting topic discussed by W. Harrison Boyles. The Lexington of 
the Seas, by John Francis Sprague; and Pre-Bevolutionary Senti- 
ment in England, by Carlos Parsons Darling, are other articles. 
Finally, a beautifully illustrated description of the historical 
pageant at Taunton, Massachusetts, is furnished by Ralph Davol 
under the heading of A Pageant of Patriotism. 

WESTERN 

Number fifteen of the Indiana University Studies consists of a 
monograph by Logan Esarey on State Banking in Indiana, 1844- 
1873. 

Jay William Hudson is the writer of a study of The Treatment of 
Personality by Locke, Berkeley and Hume, which appears as a 
number in The University of Missouri Studies. 

The Newberry Library of Chicago has published a carefully 
prepared bibliography of Narratives of Captivity Among the In- 
dians of North America, which are to be found, either in printed 
or manuscript form, in the Edward E. Ayer collection in the New- 
berry Library. 

The Third Biennial Report of the Board of Curators of the 
Louisiana State Museum contains, among other things, lists of addi- 
tions to the collections of the Museum along the lines of archaeology, 
ethnology, and history during the two years from April 1, 1910, to 
March 31, 1912. 

In the November number of The Graduate Magazine of the Uni- 
versity of Kansas may be found A Survey of the State Service Work 
of the University, taken from the report of the Board of Regents. 
In the December number appears a discussion of The College Teach- 
er in Politics, by G. R. Wicker. 

Earth's Early Ages, by Henry Proctor; The Towns of Roman 
Britain, by H. H. Clifford Gibbons; Anthropology, Past and Pres- 



NOMK PUBLICATIONS 



119 



cut, by Allen Howard Thompson ; and Mounds of Florida, by J. 0. 
Kinnaman, are among the contributions in the June-September 
number of The American Antiquarian and Oriental Journal. 

Two numbers of the University of California Publications in 
American Archaeology and Ethnology recently published are: 
Elements of the Kato Language, by Pliny Earle Goddard; The 
Ethnology of the Salinian Indians, by J. Alden Mason. Both of 
these numbers make good-sized volumes and contain numerous 
plates and illustrations. 

The American Museum of Natural History has issued an in- 
structive, illustrated handbook on the North American Indians of 
the Plains, prepared by Clark Wissler. The various chapters deal 
with such subjects as material culture, social organization, religion 
and ceremonies, decorative and religious art, language, physical 
type, and origins. 

A monograph on the Sources of Municipal Revenues in Illinois, 
by Lent Dayton Upson, constitutes volume one, number three of the 
University of Illinois Studies in the Social Sciences. The mono- 
graph contains seven chapters devoted, respectively, to property 
taxation; licenses and police fines; gifts, grants, and subventions; 
revenue from services rendered ; municipal industries and property ; 
loans ; and summary and conclusions. 

The Proposed Commonwealth Service of the University of 
Oregon, by F. G. Young; and University Extension and Common- 
wealth Service, by Joseph Schafer, constitute two numbers of the 
University of Oregon Bulletin published in September and October 
respectively. In both cases the service which the State University 
may render to the people of the entire Commonwealth is clearly 
outlined. Evidently the University of Oregon is awake to the un- 
limited opportunities in the field of university extension. 

The disturbances in San Diego, California, growing out of the 
public meetings of the Independent Workers of the "World in that 
city form the background for an address by Harris Weinstock, en- 
titled Shall Free Speech be Restricted? ', which is published in the 
October number of The University of California Chronicle. The 



120 IOWA JOURNAL OF HISTORY AND POLITICS 

writer comes to the conclusion that in "the responsibility for the 
abuse of the right of free speech lies the fullest restraint." In a 
lecture headed What is the Matter with the Presidency?, Thomas 
H. Reed suggests the desirability of so changing the position and 
powers of the executive branch of the federal government that a 
system of ministerial responsibility very nearly approaching the 
English system will be attained. 

IOWANA 

The November number of The Alumnus, published at Iowa State 
College at Ames, is devoted chiefly to articles and editorials on the 
subject of the proposed changes in the educational institutions of 
the State. 

How Canada Regulates Trusts is briefly described in the October 
issue of Iowa Factories. Another topic which receives brief dis- 
cussion is Employers' Liability in Cases of Assignment and Gar- 
nishment. 

A brief sketch of The Early History of Instruction in Physics at 
the University of Iowa, by C. R. Aurner, has been issued as a sup- 
plement to Contributions from the Physical Laboratory of the State 
University of Iowa, volume one, number five. 

A System of Industrial Education for Iowa, by A. Marston ; and 
A New Method of River Improvement, by Arthur Goldenstar, are 
articles in The Iowa Engineer for October. There is a second in- 
stallment of the first named article in the November number. 

In the October number of Autumn Leaves there is begun A Short 
Sketch of Church History, 1830-1844, by Ernest A. Oliver, which 
is continued in the November number. In both the October and 
November issues may be found installments of the Biography of 
Alexander Hale Smith, by Inez Smith. 

With the exception of an article on the Ancestry of Joseph 
Smith, by Heman Hale Smith, the October number of the Journal 
of History, published at Lamoni, Iowa, by the Reorganized Church 
of Jesus Christ of Latter Day Saints, is taken up with continuations 
of biographical and autobiographical material. 



/ 



SOMU PUBLICATIONS 



1 2 1 



Some paragraphs from an address by Professor Jesse; Maey on 
The "Relation of Education to Government are printed in the Octo- 
ber number of The Grinnell Review. In the November number The 
Grinnell-China Educational Movement is described and there is a 
short article on The University of the Future, by Albert Shaw. 

The Iowa Alumnus for October opens with a sketch of Alumni in 
Politics. J. T. McClintock discusses Iowa's Medical Progress; and 
William Jepson tells of Medicine Then and Now. The November 
and December numbers contain articles dealing with the proposed 
removal of the College of Engineering from the State University 
of Iowa. 

Good Roads and the Cost of Living is the subject of an address 
by W. W. Finley, which is printed in the November number of The 
Road-Maker published in Des Moines. Some recommendations by 
Thomas H. MacDonald are to be found under the heading of Road 
Improvement and Automobile Tax. In the December number 
there is a brief description of The Old National Pike Highway. 

A study of the Historical Background of the Masonic Revival of 
1717, by Joseph E. Morcombe, is begun in the October number of 
The American Freemason. In November there is a discussion of 
Secession Among Italian Secessionists, by Giulio Castelli. The 
Writing of Lodge History is discussed by Joseph E. Morcombe in 
the December number. In all three numbers may be found papers 
on the subject of Jesuitry and Masonry, by J. W. Norwood. 

An Interesting Survey of the Year's Work of the American 
Bankers Association is presented by William Livingston in the 
October number of The Northwestern Banker. Henry W. Yates 
offers A Plan for Separate Reserve Associations. In the November 
number C. G. Hurlburt describes the State Bank Guarantee Law in 
Nebraska; and J. N. Dolley enumerates the Benefits of the "Blue 
Sky Law" in Kansas. A. Barton Hepburn discusses How to Im- 
prove Our Monetary System in the December number. 

The Proceedings of the Eighteenth Annual Session of the Iowa 
State Bar Association, edited by H. C. Horack, contains the follow- 
ing papers and addresses : The Iowa State Library — With Special 



122 IOWA JOURNAL OF HISTORY AND POLITICS 



Reference to the Law Department, by A. J. Small ; The Adminis- 
tration of the Parole Law: The Indeterminate Sentence, by William 
Berry; The Judicial Recall, by C. G. Saunders; The Spirit of the 
College of Law, by John G. Bowman; The Early Bench and Bar of 
Iowa, by John F. Lacey; American Courts as a Canadian Sees 
Them, by William Renwiek Riddell; Some Railroad Problems, by 
J. L. Parrish; and The Constitution of the United States and Can- 
ada, by William Renwiek Riddell. 

With the October number the periodical which during the pre- 
vious year had been known as The City Hall — Midland Munici- 
palities appeared under the name of American Municipalities. 
Among the contents of this number is an article on The Public 
Utility and its Relation to the Public, by D. L. Gaskill. The 
November number is taken up with the proceedings and reports of 
the annual convention of the League of Iowa Municipalities at 
Sioux City during the last week in September. Home Rule for 
Cities and Towns, by M. F. Donegan ; and Transient Merchant and 
Peddler's Licenses, by George T. Reddiek, are articles in the De- 
cember issue. 

SOME RECENT PUBLICATIONS BY IOWA AUTHORS 

Beal, Foster E. L., 

Food of Our More Important Flycatchers. Washington, D. C. : 
Government Printing Office. 1912. 
Brindley, John E., 

Road Legislation in Iowa (Iowa Applied History Series). 

Iowa City : The State Historical Society of Iowa. 1912. 
History of Road Legislation in Iowa (Iowa Economic History 

Series). Iowa City: The State Historical Society of Iowa. 

1912. 

Tax Administration in Iowa. Iowa City : The State Historical 
Society of Iowa. 1912. 
Burdette, Robert Jones, 

Old Time and Young Tom. Indianapolis: The Bobbs-Merrill 
Co. 1912. 



SOME PUBLICATIONS 



123 



Byers, S. H. M., 

A Layman's Life of Jesus. New York: The Neale Publishing 
Co. 1912. 
Chandler, George, 

Iowa and the Nation (Revised edition). Chicago: A. Flanagan 
& Co. 1912. 
Chappie, Joseph Mitchell, 

The Minor Chord: A Tale of the Middle West in the Early 
'70 's. Boston: Chappie Publishing Co. 1912. 
Devine, Edward T., 

The Family and Social Work. New York: Association Press. 
1912. 
Downey, E. H., 

Regulation of Urban Utilities in Iowa. Iowa City: The State 

Historical Society of Iowa. 1912. 
Work Accident Indemnity in Iowa (Iowa Applied History 

Series). Iowa City: The State Historical Society of Iowa. 

1912. 

History of Work Accident Indemnity in Iowa (Iowa Economic 
History Series). Iowa City: The State Historical Society of 
Iowa. 1912. 
Franklin, William Suddards, 

Electric Lighting and Miscellaneous Applications of Electricity. 
New York : The Macmillan Co. 1912. 
Griffith, Helen Sherman, 

Letty's Sister. Philadelphia: Penn Publishing Co. 1912. 
Hillis, Newell Dwight, 

All the Year Bound: An Outlook Upon its Great Days. New 
York and Chicago : Fleming H. Revell Co. 1912. 
Hook, "Wallace, 

A Primer of Agriculture. Packwood, Iowa : Published by the 
author. 1912. 
Horack, Frank E., 

Primary Elections in Iowa. Iowa City: The State Historical 
Society of Iowa. 1912. 
Horack, H. Claude (Editor), 

Proceedings of the Eighteenth Annual Session of the Iowa 



124 IOWA JOURNAL OF HISTORY AND POLITICS 

State Bar Association. Iowa City: Iowa State Bar Associa- 
tion. 1912. 
Hughes, Rupert, 

Mrs. Budlong's Christmas Presents. New York: D Appleton 
& Co. 1912. 
Hutchinson, "Woods, 

The Child's Day. Boston: Houghton, Mifflin & Co 1912 
McCown, A. B., 

Down on the Bidge. Des Moines: Published by the author. 
1912. 

McDaniel, Mrs. Clara La Tourette, 

Commercial Art Typeivriting. Cedar Rapids: Published by 
the author. 1912. 
Nollen, John Scholte (Editor), 

German Poems, 1800^1850. Boston : Ginn & Co. 1912. 
Norton, Ray, 

The Plunderer. New York: Watt Publishing Co. 1912 
Parrish, Randall, 

Gordon Craig. Chicago : A. C. McClurg & Co. 1912. 
Peterson, Henry J., 

Corrupt Practices Legislation in Iowa. Iowa City: The State 
Historical Society of Iowa. 1912. 
Sabin, Edwin L., 

With Carson and Fremont Philadelphia : J. B. Lippincott 
Co. 1912. 

Old Four-Toes. New York: Thomas Y. Crowell Co. 1912. 
Shambaugh, Benj. F., 

Applied History. Iowa City: The State Historical Society of 
Iowa. 1912. 
Shambaugh, Benj. F. (Editor), 

Proceedings of the Mississippi Valley Historical Association, 
Vol. V. Cedar Rapids : The Torch Press. 1912. 
Springer, Arthur, 

History of Louisa County, Iowa. Chicago : S. J. Clarke Pub- 
lishing Co. 1912. 
Weaver, Silas M., 

Iowa: Its Constitution and Laws. New York- C E Merrill 
Co. 1912. 



SOME PimiJCATIONS 



L25 



Williams, Mrs. Jennie L., 

The Legal and Political Slalus of Women in the United States. 
Cedar Kapids: Published by the author. 1912. 

SOME RECENT HISTORICAL ITEMS IN IOWA NEWSPAPERS 

The Register and Leader 

The Prairies of Iowa, October 20, 1912. 

Early Settlers Tell of Bears in Iowa, October 27, 1912. 

Some of the Earlier Meetings of the State Teachers' Association, 

by C. P. Aurner, November 3, 1912. 
First Church Bell Rung in Iowa, November 3, 1912. 
News Events Involving Iowans, November 17, 1912. 
The Iowa State School Problem, November 17, 1912. 
Captain C. L. Watrous Among Early Boosters, by L. F. Andrews, 

December 1, 1912. 

Some of the Buildings of the State University that Alumni Missed, 
December 8, 1912. 

Excitement in Life of Police Surgeon, by Frederic B. Smith, De- 
cember 8, 1912. 

Passing of the Pioneer Water Mill from the Streams of Iowa, by 

Howard C. Kegley, December 15, 1912. 
Early Days on the River, December 15, 1912. 

Engineering School, S. U. I., Graduated Famous Engineer Before 

1870, December 22, 1912. 
Scenes of Early Day on Skunk River, December 22, 1912. 
Prairie Fires of Pioneer Iowa, December 22, 1912. 
Iowa Woman Who Knew Black Hawk, December 29, 1912. 
Sketch of life of L. H. Weller, December 29, 1912. 

The Burlington Haivk-Eye 

I 

In Old Burlington. (In each Sunday issue.) 

How the Iowa Soldiers Upheld the Reputation of Sherman's "Bum- 
mers", October 13, 1912. 
Notes on People and Events in Iowa History, October 13, 1912. 
The Boys I Soldiered With, by W. P. Elliott, November 3, 1912. 
The Hell of War, by W. P. Elliott, November 10, 1912. 



\ 



126 IOWA JOURNAL OF HISTORY AND POLITICS 

Humor and Tragedy of the Greeley Campaign in 1872, November 
10,1912. 

Historic Sites to be Submerged When Power Dam is Completed, by 

J. P. Cruikshank, December 1, 1912. 
How the Attempt to Impeach Johnson Was Frustrated, December 

1, 1912. 



\ 



/ 



HISTORICAL SOCIETIES 

PUBLICATIONS 

The Proceedings of the Seventh Annual Conference of Historical 
Societies, reported by Waldo G. Leland, have been reprinted from 
the Annual Report of the American Historical Association for 1910. 

The New Hampshire Historical Society has issued a beautifully 
printed and illustrated volume describing the Dedication of the 
Building of the Neiv Hampshire Historical Society. 

Two papers in the Proceedings of the New Jersey Historical So- 
ciety for July are : The First Settlers of New Brunswick, by William 
H. Benedict; and The Settlement and Settlers of Bingoes, by Aaron 
S. Laning. 

The two chief contributions in The Medford Historical Register 
for October are an account of The Old Ship-Building Days, by 
Elisha B. Curtis; and an historical description of The Mystic 
Mansion, by Moses W. Mann. 

In addition to genealogical material the October number of The 
Essex Institute Historical Collections contains the Journal Kept by 
Lieut. Daniel Giddings of Ipswich during the Expedition against 
Cape Breton in 1744-5, and a continuation of Salem Town Records. 

Two contributions are to be found in the Proceedings of the 
American Antiquarian Society at the semi-annual meeting held in 
Boston on April 10, 1912, namely : Notes on the Almanacs of Massa- 
chusetts, accompanied by a chronological list, by Charles L. Nich- 
ols ; and Vitcos, the Last Inca Capital, by Hiram Bingham. 

J. Francis Le Baron presents a Description of a Stone Ruin in 
Eastern Nicaragua, with Notes on the Location of Other Ruins in 
Central America in the September-October number of the Records 
of the Past. A. L. van Antwerp describes The University of Mexico; 
and Frederick B. Wright discusses The Evolution of Literature- 



127 



128 IOWA JOURNAL OF HISTORY AND POLITICS 



A memoir of George Augustus Gordon, A. M., by Samuel Merrill • 
a genealogical sketch of The Early English Shermans, by Thomas 
Townsend Sherman; and a continuation of the Extracts from the 
Journal of Elder Phinehas Pillsbury of Nobleboro, Me., are among 
the contents of The New England Historical and Genealogical 
Register for October. 

J. F. Snyder describes The Capture of Lexington in the opening 
pages of the Missouri Historical Review. Other contributions are : 
a biographical sketch of Gen. Jo. 0. Shelby, by William P. Borland; 
an address on The Province of Historical Societies, by H. E. Robin- 
son ; and a continuation of Sketches of Livingston County, by L. T. 
Collier. 

The Diary of Timothy Ford, 1785-1786, with notes by Joseph W. 
Barnwell, is continued in The South Carolina Historical and Gen- 
ealogical Magazine for October, as are also the Order Booh of John 
Faucheraud Grimke, August, 1778 to M ay, 1780, and the Register 
of St. Andrews Parish, Berkeley County, South Carolina, 1719- 
1774, copied and edited by Mabel L. Webber. 

Frank Nash is the writer of a sketch of The North Carolina 
Constitution of 1776 and its Makers which is printed in volume 
eleven, number two of The James Sprunt Historical Publications 
issued under the direction of the North Carolina Historical Society. 
The remainder of the number is taken up with a brief study of 
The German Settlers in Lincoln County and Western North Caro- 
lina, by Joseph R. Nixon. 

4 

The periodical known as the American Catholic Historical Re- 
searches, which was published by the late Martin I. J. Griffin, has 
been merged with the Records of the American Catholic Historical 
Society of Philadelphia, the latter name being retained. The first 
issue since the merger appeared in September ; and contains, among 
other things, a number of letters relative to The Church in Ken- 
tucky, as well as some Miscellaneous Excerpts from the Baltimore 
Archives. 

Traditions of the Papago Indians, by Henriette R. Kroeber; 
Negro Tales from Georgia, by Mrs. E. M. Backus and Mrs. Ethel 



HISTORICAL SOCIKTIKS 



129 



Ilatton Leitner; and William Carter, the Bensonlown Homer, by 
Phillips Barry, are among the contributions in the April-June 
number of The Journal of American Folk-Lore. In the July- 
September issue may be found Four Mexican Spanish Fairy -Tales 
from Azqueltan, Jalisco, by J. Alden Mason ; and Notes on Mexican 
Folk-Lore, by Franz Boas. 

The belated June number of The Quarterly of the Oregon His- 
torical Society opens with A Brief History of the Oregon Pro- 
visional Government and What Caused its Formation, by Frederick 
V. Holman. Robert C. Clark tells How British and American Sub- 
jects Unite in a Common Government for Oregon Territory in 1844. 
Then follows a discussion of John Fiske's Change of Attitude on the- 
Whitman Legend, by Leslie M. Scott. In the document department 
may be found Slocum's Report on Oregon, 1836-7. 

The principal extract from The Randolph Manuscript published 
in the October number of The Virginia Magazine of History and 
Biography consists of the commission to George Hamilton, 
Earl of Orkney, for the government of Virginia. There are 
continuations of documents relating to Virginia in 1676 and 1665- 
1666, and of the List of Obituaries from Richmond, Virginia, News- 
papers. A number of Letters from and to George Hume of Virginia, 
Formerly of Wedderburn, Scotland, may also be found in this 
issue. 

The October number of The Southwestern Historical Quarterly, 
formerly known as The Quarterly of the Texas State Historical 
Association, opens with some Recollections of General Sam Houston, 
by A. "W. Terrell. The Retreat of the Spaniards from New Mexico 
in 1680, and the Beginnings of El Paso is the subject of a study by 
Charles W. Hackett. E. T. Miller writes on the Repudiation of 
State Debt in Texas Since 1861; and there is a fourth installment 
of Correspondence from the British Archives Concerning Texas, 
1837-1846, edited by Ephraim Douglass Adams. 

Volume twelve of the Proceedings and Collections of the Wyom- 
ing Historical and Geological Society, which has its headquarters at 
Wilkes-barre, Pennsylvania, is a book of over two hundred and 

vol. xi — 9 



130 IOWA JOURNAL OF HISTORY AND POLITICS 



fifty pages. Among the contents may be mentioned the following 
papers: Central Connecticut in the Geologic Past, by Joseph Bar- 
rell ; Iroquois Pottery and Wampum, by W. M. Beauchamp ; Echoes 
of the Massacre of Wyoming, by Horace Edwin Hayden; who is 
also the writer of a biographical sketch of Benjamin Smith, a 
Soldier of the Revolution; and Some Indian Graves at Plymouth, 
Pa., by Christopher Wren. 

From Cattle Range to Orange Grove is the subject of a sketch by 
J. M. Guinn, which appears in the Annual Publications of the His- 
torical Society of Southern California for 1912. Historical investi- 
gators and students will find special interest in an article on Hubert 
Howe Bancroft: His Work and his Method, by Rockwell D. Hunt. 
Other contributions are: The Civic Association as a Factor of 
Greater Los Angeles, by Mrs. M. Burton Williamson ; Pioneer Rail- 
roads of Southern California, by J. M. Guinn • Early Mexican and 
Calif ornian Relations with Japan, by James Main Dixon ; and The 
Gold Placers of Los Angeles, by J. M. Guinn. 

Old Fort Sandusky and the De Lery Portage, by Lucy Elliot 
Keeler, is an article which opens the October number of the Ohio 
Archaeological and Historical Quarterly. Eugene Ellis Williams 
describes The Copus Battle Centennial, which was celebrated on 
September 15, 1912. Several old letters are contributed by George 
Davenport Kratz and published under the heading of Some Docu- 
mentary History of Ohio. Other contributions are : An Expedition 
Against the Shakers, which is a contemporary account written in 
1810 by Benjamin Seth Youngs; The Indian Village of i( Cush-og- 
wenk", by Thomas H. Johnson; and The Ohio-Columbus Centen- 
nial, by Osman C. Hooper. 

The results of a unique line of investigation by Ben Driftmier 
are to be found in The Washington Historical Quarterly under the 
heading of Comparative Study of State Constitutions for Provisions 
not Found in Our Own. T. C. Elliott is the writer of a brief sketch 
of Walla Walla and Missoula; while a ride From Missoula to Walla 
Walla in 1857, on Horseback is described by Frank H. Woody. 
In a letter on The Whitman Controversy James Clark Strong states 
his belief that Whitman "is entitled to all that his friends claim for 



HISTORICAL SOCIUT1KS 



131 



him." Finally, there is a list of The Pioneer Dead of 1911. In the 
Reprint Department may be found several chapters from George 
Wilkes's History of Oregon, Geographical and Political, originally 
published in New York in 1845. 

Internal Improvements in Early Indiana, by Logan Esarey, is a 
monograph of about one hundred and twenty pages which consti- 
tutes volume five, number two of the Indiana Historical Society 
Publications. The first chapter is introductory in character, deal- 
ing with the economic situation in the United States from 1816 to 
1820 and with conditions of travel in early Indiana. Chapter two 
has to do with early attempts to build transportation routes, in- 
cluding State roads, the National road, the Michigan road, the 
opening of rivers to navigation, and the construction of canals. In 
the third chapter there is a discussion of the era of systematic 
internal improvements from 1827 to 1840 ; while the failure of this 
system is described in chapter four, and the author's conclusions 
are stated in the fifth chapter. 

From the standpoint of American history there is no more im- 
portant topic than The National Archives: A Programme, which is 
discussed by Waldo Gifford Leland in the October number of The 
American Historical Review. The writer makes a strong plea for a 
national archives building in which the archives can be adequately 
cared for and on a plan that will permit expansion to meet the needs 
of the future. Other articles in this number of the Review are: 
Legalized Absolutism En Route from Greece to Rome, by William 
Scott Ferguson ; The First Levy of Papal Annates, by W. E. Lunt ; 
Nonconformity under the (i Clarendon Code", by Albert Cassell 
Dudley; and Some Legal Aspects of the Confiscation Acts of the 
Civil War, by James G. Randall. Under the heading of Documents 
there is printed the Diary of Thomas Ewing, August and Septem- 
ber, 1841. 

The first number of volume four of the Missouri Historical So- 
ciety Collections, published by the St. Louis society, has appeared. 
The first few pages are occupied by a biographical sketch of Janu- 
arius A. Macgahan, written by Walter J. Blakely. Then follows an 
interesting Journal of Jean Baptist e Trudeau Among the Arikara 



132 IOWA JOURNAL OF HISTORY AND POLITICS 



Indians in 1795, translated and edited by Mrs. H. T. Beauregard. 
A Journey Through the Lines in 1863 is described by Mrs. Lizzie 
Chambers Hull; while Mrs. Hannah Isabella Stagg relates some 
Local Incidents of the Civil War. Roland G. Usher is the compiler 
of A Bibliography of Sanitary Work in St. Louis During the Civil 
War; Gerard Fowke presents Some Notes on the Aboriginal In- 
habitants of Missouri; and the closing contribution is a continuation 
of the Recollections of an Old Actor, by Charles A. Krone. 

The January and April, 1912, issues of the Annals of Iowa, are 
combined into one number which contains an interesting array of 
articles. In the opening pages J. P. Cruikshank discusses the 
Historic Sites to be Submerged when the Keokuk dam is put into 
operation. In an article on Prominent Men of Early Iowa Edward 
H. Stiles presents brief sketches of the lives of George G. "Wright 
and Joseph C. Knapp. The Earliest Explorations of Iowa-Land 
are described by Charles R. Keyes, who seems to hold the rather 
unusual view that Radisson and Groseilliers were the first white 
men to see the Iowa country, and that Nicolas Perrot, Father 
Dablon, and possibly others saw the Mississippi before Marquette 
and Joliet. In an article on the Public Archives of Iowa by C. C. 
Stiles, may be found an elaborate classification of the documents 
from the office of the Secretary of State. Some entertaining 
Glimpses of Henry Clay Dean, a Unique Individual are furnished 
by J. W. Cheney. Other contributions are : Pioneers of Iowa and 
of the Pacific Northwest, by Cornelius H. Hanford; and An Ex- 
pedition Across Iowa in 1820, which consists of a journal of Stephen 
Watts Kearny. 

An interesting discussion of The Abolition of Slavery in Pennsyl- 
vania, written by Edward Raymond Turner, appears in The 
Pennsylvania Magazine of History and Biography for April, 1912. 
Some Additional Information Concerning Ephraim Martin, Es- 
quire, Colonel of the Fourth New Jersey Regiment of the Con- 
tinental Line is presented by Edmund J. James. William Logan's 
Journal of a Journey to Georgia, 1745, is concluded in this number. 
Especially interesting from the standpoint of western American 
history are the Notes of a Journey from Philadelphia to New 



HISTORICAL MOCIUTILS 



Madrid, Tennessee, 1790, contributed by John W. Jordan. It 
seems probable, however, that New Madrid, the destination of the 
journey, was in the present State of Missouri, rather than in Ten- 
nessee. The Mother of "Mary, the Mother of Washington" ', is the 
subject of a sketch by Charles H. Browning. William M. Mervine 
is the writer of a paper on The Scotch Settlers in Raphoc, County 
Donegal, Ireland, which is printed in the July number. The Itin- 
erary of the Pennsylvania Line from Pennsylvania to South Caro- 
lina, 1781-1782, is taken from a collection of papers of General 
Anthony Wayne which recently came into the possession of the 
Society. Three Letters Written at Bethlehem, Pennsylvania, in 
1778, illustrate some of the difficulties which confronted Moravians 
and Mennonites of that place in respect to the "Test Oath". Ed- 
ward Raymond Turner is the writer of an interesting article on 
The Underground Railroad in Pennsylvania; A. R. Beck contributes 
some Notes of a Visit to Philadelphia, Made by a Moravian Sister in 
1810; and there are published some Military Letters of Captain 
Joseph Shippen of the Provincial Service, 1756-1758. 

ACTIVITIES 

Judge A. W. Terrell, who for several years has been president of 
the Texas State Historical Association, died at Mineral Wells, 
Texas, on September 8, 1912. 

There is some agitation in Mahaska County in favor of the 
organization of a county historical society. The movement is a 
worthy one and should receive encouragement from all who are 
interested in local history. 

Professor Andrew C. McLaughlin of the University of Chicago 
delivered the principal address at the celebration of the one- 
hundredth anniversary of the founding of the American Anti- 
quarian Society, October 15 and 16, 1912. 

Professor John H. Reynolds, Secretary of the Arkansas His- 
torical Association and head of the department of history and 
political science in the University of Arkansas, is serving as acting 
President of the University during the current year. 



134 IOWA JOURNAL OF HISTORY AND POLITICS 



The Ohio Archaeological and Historical Society held its annual 
meeting on July 26, 1912. The report of the curator and librarian 
indicates that the Society has been especially active in investigating 
mounds in Ohio, and that much progress has been made in the 
compilation of an archaeological atlas of that State. On September 
12, 1912, occurred the laying of the corner stone of a new building 
for the Society at Columbus. 

The Pacific Coast Branch of the American Historical Association 
held its tenth annual meeting on November 29 and 30, 1912, at the 
University of California. Among the papers read at the meeting 
were : The Organization of the Reign of Terror in France, by H. 
Morse Stevens ; the Background of Alaskan History, by Frank A. 
Golder ; Party Groupings in the Twenty-Second Congress, by Edgar 
E. Robinson; and Some Effects of Inertia on Public Opinion, by 
Murray S. Wildman. 

The Marshall County Historical Society has been holding month- 
ly meetings. On November 20th Mr. J. L. Carney delivered an 
address on "John Marshall". At the meeting on December 11th 
Mr. James B. "Weaver, Jr. of Des Moines read a paper on "Jimmy, 
Poet, Philosopher, and Pioneer". The speaker on January 13th 
was Mr. E. M. Wentworth of State Center, whose subject was 
"Does History Repeat Itself?" The Society is flourishing and is 
creating much interest in local and State history in Marshall 
County. 

The Mississippi Valley Historical Association held its semi- 
annual session at Boston on December 30, 1912, in connection with 
the meeting of the American Historical Association. The following 
papers were on the program: Side-lights on the Scioto Company — 
The Early Movement of New England into the West, by Archer B. 
Hulbert; The New England Element in Illinois Politics before 
1830, by Solon J. Buck ; New England and the Western Reserve, by 
Karl F. Geiser; and The Mayflower Compact and its Descendants, 
by Lois Kimball Mathews. 

The Decatur County Historical Society held its annual meeting 
at the office of Mr. Stephen Varga in Leon, Iowa, on November 26, 
1912. The following officers were elected for the ensuing year: 



HISTORICAL SOCIKTIKS 



L35 



President, Guy P. Arnold; Viee President, Stephen Varga; Secre- 
tary, Heman C. Smith; Historian, Duncan Campbell; Members of 
Board of Directors, Patrick Griffin, J. W. Harvey, J. A. Gunsolley, 
and Mrs. Emaline Malotte; Editorial Committee, 0. E. Hull, 
Heman C. Smith, and Duncan Campbell. A resolution was adopted 
changing- the time of holding the annual meeting from the fourth 
Tuesday in November to the fourth Thursday in June. 

The Missouri Historical Society at St. Louis has been made the 
custodian of a large body of French and Spanish documents, 
formerly kept in the municipal offices of St. Louis. These docu- 
ments, most of which appear both in the original and in English 
translation, consist of deeds, marriage contracts, wills, commercial 
contracts, and various other papers. Very little use has as yet. 
been made of these documents for historical purposes, but they no 
doubt contain valuable source material concerning the early French 
and Spanish settlers in upper Louisiana. 

The Department of Historical Research in the Carnegie Institu- 
tion of Washington is preparing an Atlas of the Historical Geog- 
raphy of the United States which will no doubt prove very useful. 
Professors Max Farrand and Jesse S. Reeves have been assisting in 
the work. The Guide to the Materials for American History to 
1783, in the Public Record Office of Great Britain, prepared by 
Professor Andrews, has been issued. Professor Albert B. Faust 
will soon go to Europe to make an investigation of materials for 
American history in Switzerland, Salzburg, and Austria. 

THE STATE HISTORICAL SOCIETY OF IOWA 

The next volume to be published by the Society will be Mr, 
Johnson Brigham's biography of James Harlan, which will appear 
in the Iowa Biographical Series. 

Dr. John E. Brindley's History of Road Legislation in loiva, a 
volume of four hundred and twenty pages in the Iowa Economic 
History Series, has been distributed to members. 

A volume of nearly three hundred and forty pages on The His- 
tory of Work Accident Indemnity in Iowa, written by Professor 
E. H. Downey, is ready for distribution. This volume appears in 
the Iowa Economic History Series. 



136 IOWA JOURNAL OF HISTORY AND POLITICS 



On Thursday, November 7, 1912, Dr. Truman Michelson of the 
American Bureau of Ethnology, who has spent much time among 
the Meskwaki Indians in Tama County, was the guest of The 
State Historical Society of Iowa. In the afternoon at three o'clock 
there was a Conference-Seminar at which Dr. Michelson led the 
discussion on the subject, "The Investigations and Researches of 
the American Bureau of Ethnology Among the North American 
Indians". In the evening at eight o'clock a reception was tendered 
to Dr. Michelson, who delivered an address on "The Meskwaki 
Indians ' '. 

The following persons have recently been elected to membership 
in the Society : Mr. H. G. Bolks, Sioux City, Iowa ; Mr. W. J. Fer- 
guson, Des Moines, Iowa; Mr. Henry S. Keables, Pella, Iowa; Mr. 
W. F. Moore, Guthrie Center, Iowa; Mr. Hal H. Mosier, Wapello, 
Iowa; Mr. Edward O'Connor, Lone Tree, Iowa; Mr. L. F. Potter, 
Harlan, Iowa; Mr. S. M. Woodward, Iowa City, Iowa; Mr. A. L. 
Bakke, Ames, Iowa; Dr. L. C. Cooley, Mason City, Iowa; Mr. B. F. 
Felt, Jr., Spencer, Iowa; Mr. H. E. Hadley, Nevada, Iowa; Presi- 
dent R. A. Pearson, Ames, Iowa; Mr. Lorin Stuckey, Des Moines, 
Iowa; Mr. Herbert H. Waller, Stratford, Iowa; Mr. R. 0. Bagby, 
Clarksville, Iowa; Miss Eva Burnet, Allerton, Iowa; Mr. D. S. 
Fairchild, Clinton, Iowa; Mr. Edward Peterson, Stratford, Iowa; 
Mr. Donald J. A. Ritchie, Chicago, Illinois; Mr. Geo. C. White, 
Nevada, Iowa; and Rev. D. W. Wylie, Iowa City, Iowa. 

The Society will soon distribute the first volume in a new series 
of publications, entitled the Iowa Applied History Series. The 
purpose of the Society in publishing this series is to furnish legis- 
lators, public officials, and the public in general with the results of 
its researches into the political, social, and economic history of 
Iowa. Besides the editor's introduction, by Benj. F. Shambaugh, 
outlining the scope and purpose of "Applied History", the 
volume contains the following papers: Road Legislation in Iowa, 
by John E. Brindley; Regulation of Urban Utilities in Iowa, by 
E. H. Downey; Primary Elections in Iowa, by Frank E. Horack; 
Corrupt Practices Legislation in Iowa, by Henry J. Peterson; 
Work Accident Indemnity in Iowa, by E. H. Downey; and Tax 



HISTORICAL SOCIimUS 



137 



Administration in Iowa, by John E. Brindley. The two papers by 
Professor Brindley and the one on Work Accident Indemnity in 
Ioiva, by Professor Downey, are based upon larger volumes already 
published in the Iowa Economic History Series. 



NOTES AND COMMENT 



The twenty-third annual meeting of the Iowa Library Associa- 
tion was held at Nevada, October 8-10, 1912. 

The American Civic Association held its eighth annual convention 
at Baltimore from November 19 to 22, 1912. 

The second Annual Conference of the Society of American In- 
dians was held at Columbus, Ohio, October 2-7, 1912. 

The International Society of Archaeologists held its annual con- 
vention at Cincinnati, Ohio, on September 29, 1912. 

Professor Andrew C. McLaughlin of the University of Chicago 
is absent from the country on a leave of absence until September. 

Professor Ephraim Douglass Adams of Stanford University, 
who is an Iowan by birth, is giving instruction at Yale University 
during the second semester of the present academic year. 

The American Society for Judicial Settlement of International 
Disputes held its annual meeting at Washington, D. C, on De- 
cember 20 and 21, 1912. 

The Iowa Society of Daughters of the American Revolution plans 
to devote its chief activities during the coming year to the marking 
of the " Mormon Trail" across the State. 

The centennial of the founding of the city of Columbus, Ohio, 
was fittingly commemorated from August 26 to September 1, 1912, 
by a series of addresses, parades, dinners, and historic pageants. 

Miss Elizabeth H. West, archivist in the Texas State Library, 
spent the past fall in the City of Mexico in directing the copying of 
manuscripts relating to the colonization of Texas from 1820 to 1836. 

The suggestion has been made that a bronze tablet should be 
placed upon the Y. M. C. A. building in Burlington, Iowa, to mark 
the place where the home of Governor John H. Gear once stood. 

138 



NOTKS AND COMAJKXT 



L39 



Oil November 24, 1912, Mr. Roger Leavitt of Cedar Falls pre- 
sented to the First Congregational Church of Waterloo a bronze 
tablet containing the names of tbe six charter members of that 
church. 

The desirability and practicability of establishing a bureau of 
municipal and public research in connection with the University 
of California is being considered by members of the faculty and 
citizens of Berkeley. 

The American Historical Association, the American Economic 
Association, the American Political Science Association, the Amer- 
ican Sociological Society, the American Statistical Association, and 
the American Association for Labor Legislation all held their an- 
nual meetings at Boston and Cambridge from December 27 to 31, 
1912. 

The Keokuk chapter of the Daughters of the American Revolu- 
tion has commissioned the well-known sculptress, Miss Nellie Walk- 
er of Chicago, to prepare a statue of Chief Keokuk, which when 
completed will be placed in Rand Park in the city of Keokuk. The 
statue will be in bronze, eight feet in height, and no pains will be 
spared to secure accuracy in all the details. 

Joseph Eiboeck, one of the German pioneers of Iowa and for 
many years the editor of the Staats-Anzeiger, died at his home in 
Des Moines on January 8, 1913. Col. Eiboeck was one of the most 
widely known German citizens in the State. He came to Iowa in 
1849 at the age of eleven, and ten years later he began his career 
as an editor. He served in Company E, 9th Iowa Volunteer In- 
fantry during the Civil War. 

The Thirty-fourth General Assembly of Iowa in 1911 made pro- 
vision of a special Employers' Liability Commission, and the 
following men were appointed by Governor Carroll to serve on the 
Commission : John T. Clarkson, W. W. Baldwin, P. S. Billings, 
J. 0. Staly, and J. L. Stevens. Upon the organization of the Com- 
mission John T. Clarkson was elected president and Welker Given 
was chosen as secretary. After making a careful investigation the 
Commission has submitted to the Governor its report which makes 



140 IOWA JOURNAL OF HISTORY AND POLITICS 



a volume of two hundred and fifty pages filled with material on 
the subject of employers' liability. Furthermore, the Commission 
presents a majority and a minority bill for the consideration of the 
Thirty-fifth General Assembly. 

Announcement has been made of the Third International Con- 
gress of Historical Studies, which will be held in London, England, 
April 3-9, 1913. The first Congress was held at Rome in 1903 and 
the second at Berlin in 1908. The Congress at London will be 
divided into sections devoted to such subjects as oriental history, 
Greek and Roman history, modern history, including colonial and 
military history, legal and economic history, religious and ecclesi- 
astical history, history of mediaeval and modern civilization, and 
archaeology. 

WILLIAM LARRABEE 

William Larrabee was born in Ledyard, Connecticut, on January 
20, 1832. He received a common school education and for several 
years he taught school. Coming to Iowa in 1853 he continued in 
the teaching profession until 1857, when he became interested in 
the Clermont Mills of which in time he became the sole proprietor. 
He later turned his attention to farming on a large scale, and still 
later he added banking to the list of his business activities. 

Mr. Larrabee 's political career began in 1867, when he was elected 
to the State Senate, in which body he remained continuously for 
eighteen years. In 1885 he was nominated and elected Governor of 
Iowa on the Republican ticket, and two years later he was reelected 
to the same position. His administration, which was characterized 
chiefly by legislation regulating railroad rates and by strict ad- 
herence to the principles of prohibition, is usually looked upon as 
one of the strongest in the history of the State. Soon after retiring 
from the office of Governor Mr. Larrabee wrote a book on The Rail- 
road Question which won wide recognition throughout the United 
States. 

In 1898 Mr. Larrabee became the chairman of the newly created 
Board of Control, and occupied that important position until he 
resigned in 1900. In 1904 he served as president of the Iowa Com- 



NOTES AND COMMENT 



141 



mission of the Louisiana Purchase Exposition. Throughout his 
declining years he held a high place in the estimation and affection 
of the people of the State and he will long be remembered as one 
of Iowa's foremost sons. William Larrabee died on November 16, 
1912. 



CONTBIBUTOKS 



Louis Pelzek, Assistant Professor of American History in 
The State University of Iowa. Bom near Atlantic, Iowa, in 
1879. Graduated from Iowa State Normal School in 1901. 
Principal of Schools, Shelby, Iowa, 1905-1907. Graduated 
from The State University of Iowa in 1907. Kesearch As- 
sistant in The State Historical Society of Iowa, 1907-1909. 
Received the degree of Ph. D. at The State University of Iowa 
in 1909. Professor of History in the Montana State Normal 
School, 1909-1911. Author of The Negro and Slavery in Early 
Iowa; and The Origin and Organization of the Republican 
Party in Iowa; and The Election of Francis Gehon in 1839; 
and The History and Principles of the Democratic Party of the 
Territory of Iowa; and The History and Principles of the 
Democratic Party of Iowa, 1846-1857 ; and Augustus Caesar 
Dodge, a biography; and The History of Political Parties in 
Iowa from 1857 to 1860; and The Scope of Iowa History; and 
The Diplomatic Correspondence of Augustus Caesar Dodge; 
and The Disintegration and Organization of Political Parties 
in Iowa, 1852-1860 ; and Henry Dodge, a biography. Editor 
of A Journal of Marches by the First United States Dragoons, 
1834-1835. 

Louis Bernard Schmidt, Research Assistant in The State 
Historical Society of Iowa and Associate Professor of History 
in the Iowa State College of Agriculture and Mechanic Arts. 
(See The Iowa Journal op History and Politics for October, 
1912, p. 593.) 

Jacob Van dee Zee, Kesearch Associate in The State His- 
torical Society of Iowa. Born at St. Anna Parochie, Friesland, 
The Netherlands, February 9, 1884. Graduated from The State 
University of Iowa in 1905. Rhodes Scholar at the University 
of Oxford, 1905-1908. Author of Roads and Highways of 



\ 



CONTRIBUTORS 



Territorial Iowa; and Proposed Constitutional Amendments in 
Iowa, 1836-1857 ; and Amendments to the Constitution of the 
United States Proposed in the State Legislature of Iowa, 1846- 
1909; and Proposed Constitutional Amendments in Iowa, 
1857-1909 ; and The Hollanders of Iowa. Translator of The 
Coming of the Hollanders to Iowa; and Diary of a Journey 
from the Netherlands to Pella Iowa in 1849. 



) / 



T III EttSTORK ! A$?£o< JIET V OF fflM 

ESTABLISHED BT'j LAW IN TBI YlAB 1857 
J^SlWl^^* ATI0: -18 67 AND 1892 

,•• I*.*-© 4* ■ » ' a* Iowa Oitt Iowa 



BALPH P. LOWE 
• W. PENN CLARKE 



;, FORMER PRESIDENTS ; ^ • 
JAMES W. GRIMES, First President 

ROBERT HTJTCHINSOTO^plEOBGB G. WRIGHT 
m|St J. MOBSMAN ^mB^W ^OSIAH L. PICKARD 
IfJLLIAM G. HAMMOND PETEB A. DEY 



OFFICERS 



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J. W. Rich " ~ !; Henry G. Walker 
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Appointed by the Governor 

Marsh W. Bailey Byron W. Newberry 
M. P. Edwards A. C. Savage 

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l ;\y<j\^:,J:f;.' Statb Historical Society Iowa Cm Iowa J'^i'c 



THE 



Kwa Journal 

pioryand Politics 



APRIL 1913 



Ji 




Published Queu^erly by 

STATE HISTORICAL SOCIETY OF IOWA 

|lpS®^l| lorwec City, lowec t: P&iM^X 



BCWnW 26 1902 at Iowa City Iowa as second-class matter under act of Oongtess of July 16 1894 



!!!§>' EDITOR WHmS^m 

BENJAMIN F, SHAMBAUGH 
Assistant Editor, DAN E. CLARK 





Vol XI 


APRIL 1913 





CON TEN TS 



Forward Movements in Politics Since the Civil War S^;* 

' '■' ■ -!C^V" ■= =■ ^ REI) ^ Haines 

History of the Codes of Iowa Law. IV— The Code of 1873 

■ / <;„ ; » Clifford Powell 

An Eminent Foreigner's Visit to the Dutch Colonies of Iowa 
it in 1873 . Translated by Jacob Van der Zee 

The Capture of General Marmaduke by James Dunlavy an 
Iowa Private Cavalryman Thomas Julian Bryant 

Captain Edwin V. Sumner's Dragoon Expedition in the 
Territory of Iowa in the Summer of 1845 < ^ 

Some PuMi cation S 

Americana—General and Miscellaneous . • . ^ ^ > 

Western {^f^^S|SBw^Kp:'.. :> . ;■<■?. V '' *^$^tM 
Iowana Z*&MMZj?Z^} '■-^i!§^ ^V'^''- ' J£-<'$* 

■Historical Societies . l£^| ^H| |^^p- ^tt^^fy^ 
Notes aad Comment . • • '^S'^IS; 

Contributors 



147 

166 ' 

221 

248 

258 
2^ 

' 284 
Hi 
300 
302 



Copyright 1913 oy The State Historical Society of Iowa 



THE IOWA JOURNAL OF HISTORY AND POLITICS 

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THE IOWA JOUKNAL OF HISTOEY AND POLITICS 

APRIL NINETEEN HUNDRED THIRTEEN 
VOLUME ELEVEN NUMBER TWO 



VOL. XI — 10 



FORWARD MOVEMENTS IN POLITICS SINCE THE 

CIVIL WAR 

[Professor Haynes, the author of the paper which follows, is engaged in 
making a study of the third party movements in the history of Iowa. In order 
to understand the history of political parties in any given Commonwealth, how- 
ever, it is necessary to bear in mind the main features of the history of national 
politics. Consequently, the present paper, which consists of a brief survey of 
political movements in the United States at large since the Civil War, may be 
regarded as a general introduction to the history of third party movements in 
Iowa. It should be stated that this paper was written before the election of 
November, 1912. — Editor.] 

The great influence in favor of democracy in this 
country has come from the West. The experience on the 
frontier has developed the individual enterprise and 
sense of personal independence of the pioneers. The 
margin of free land on the frontier has formed an outlet 
for the more adventurous. Hence the West has been the 
seat of democratic ideas. The demand for more money — 
paper or silver — had its home on the frontiers of suc- 
cessive periods from 1783 to 1896. The Populists had their 
greatest strength in the newest regions of the Far West. 
The demand for tariff reform has come from the West 
chiefly and the "standpatters" have been the manufac- 
turers and business men of the East. Agitation about the 
trusts has had its strongest support from the West. 

Economic conditions and American democracy have acted 
and reacted upon each other throughout our national his- 
tory. Early democratic manifestations appeared in Berk- 
shire County in Massachusetts in the years from 1775 to 
1780 in the contest over the formation of a constitution for 
the State. Berkshire County on the extreme western 

147 



148 IOWA JOURNAL OF HISTORY AND POLITICS 

frontier of the State opposed the plan of the old and 
wealthier parts of the State to continue for a time the form 
of government inherited from the period before independ- 
ence. It demanded immediately a new instrument based 
upon the consent of the people. The more conservative 
classes urged the postponement of the work of constitution- 
making till the end of the war. But the democrats of Berk- 
shire stood their ground till they forced compliance with 
their demands by almost open rebellion and threats of 
secession. The line of division was an economic one — the 
conservatives were the well-to-do of the older communities, 
the radicals were the poor farmers on the frontier. 

The same line of division appeared in the contests over 
the ratification of the federal Constitution in Massachusetts 
in 1788. On one side were the ministers, the lawyers, the 
judges; on the other were the small farmers, the petty 
traders, and the inhabitants of the back-country villages 
and towns. The hostility of the latter was directed not so 
much against the Constitution as ' 1 against the men who 
made it and the men who praised it. They were sure some 
injury was plotted against them. They knew the system 
was the work of the ambitious and the rich. ' ' ' ' These law- 
yers", exclaimed one of their representatives, "and men of 
learning and moneyed men that talk so finely and gloss over 
matters so smoothly to make us poor, illiterate people 
swallow down the pill, expect to get into Congress them- 
selves. They mean to be the managers of the Constitution. 
They mean to get all the money into their hands and then 
they will swallow up us little folk like the great Leviathan ; 
just as the whale swallowed up Jonah." 1 

The Berkshire Constitutionalists and Anti-Federalists 
were the fore-runners of the later Eepublicans who rallied 
around Jefferson. These divisions mark the beginnings of 

i McMaster 's History of the People of the United States, Vol. I, p. 477. 



FORWARD MOVEMENTS SINCE THE CIVIL WAR 149 

the party system in the United States. Party names and 
platforms have changed, but the fundamental differences 
have continued. The Whigs succeeded the Federalists and 
they in turn gave way to the Republicans. The Democrats 
are the direct descendants of the Anti-Federalists and the 
Republicans of Jefferson's day. The sentiments of 1788 
sound strangely like those of the campaign of 1896. Differ- 
ences based upon economic and industrial conditions deter- 
mined on which side people should range themselves. We 
are more familiar with the difference based upon constitu- 
tional opinions. But the real explanation of that difference 
is to be found in economic and industrial conditions — at, 
the foundation the dividing line in our politics has been and 
is an economic one. 2 

The early differences between Hamilton and Jefferson 
were in reality largely influenced by economic considera- 
tions. Hamilton was familiar with the commercial interests 
of New York and New England and appreciated the neces- 
sity of getting the support of those interests for the new 
government. Jefferson had grown up under the conditions 
of the South where agriculture was the chief interest. 
Hamilton's supporters, the Federalists, insisted upon the 
necessity of conservative financial policies, including a 
funding of the public debts, a regulation of the currency, 
and the establishment of a national bank. Jefferson and 
his party, the Republicans, opposed these plans and de- 
clared that Hamilton's strong government was dangerous 
and would develop into a monarchy. 

The two most striking features of Jefferson's administra- 
tion, the Louisiana Purchase and the Embargo, were 
opposed by the Federalists especially because of economic 
reasons. They feared population and prosperity would be 
drawn away from the older parts of the country to the new 

2 Ghent's Mass and Class, pp. 24, 25. 



150 IOWA JOURNAL OF HISTORY AND POLITICS 

regions of the West. The Embargo struck directly at the 
chief interest of New England, its commerce and trade. 
The Federalist ship-owner saw ruin staring him in the face. 
Hence his hatred for Jefferson. Jefferson himself seems to 
have believed thoroughly in the wisdom of the Embargo — 
a belief to be explained by his lack of knowledge of com- 
mercial affairs. His purchase of Louisiana, on the other 
hand, was in direct defiance of his ideas in regard to the 
nature of the Constitution. His understanding of the needs 
of the frontier regions enabled him to appreciate the im- 
portance of the control of the Mississippi Eiver as the 
Federalists of New England did not. He was anxious, 
however, that his violation of the Constitution should be 
ratified by an amendment. It is curious that what seemed 
to be a wide departure from democracy in the beginning 
should have led later to a great extension of democracy. 
The growth and settlement of the Far West has resulted in 
a far greater development of democracy than was ever 
dreamed of by Jefferson himself. Had he lived to witness 
that development, he might have urged that the results 
justified the means. 

The democratic influence of the new West was first felt 
conspicuously in national affairs in the contests for the 
presidency in 1824 and 1828. Adams represented the con- 
servative, commercial interests of the East, while Jackson 
personified the new democracy of the West of his day, just 
coming to political consciousness. The ideas of the Berk- 
shire Constitutionalists and the Anti-Federalists had found 
a new and larger field in the West. Adams, an ideal Presi- 
dent, was accused of aristocracy and of corruption. The 
new democracy wanted a man of the people — one of them- 
selves — in the White House, and Jackson was swept into 
office on the top of this democratic wave. 

The Spoils System came in with the attempt to sweep 



FORWARD MOVEMENTS SINCE THE CIVIL WAR 151 

out of office every supporter of Adams and every opponent 
of the people. Then followed the war on the National 
Bank, an institution in league with the moneyed and busi- 
ness interests that were felt to be hostile to Jackson and 
the people. The " money power" in changing forms seems 
to have been an object of attack on the part of the radicals 
throughout our history — it appeared in 1788, in 1828, and 
again in 1896. 

The rise of a new democracy requires some further com- 
ment. We are supposed to have had a perfectly democratic 
government in the United States ever since 1776. But 
during the early years of the Eepublic the government was 
in the hands of the aristocracies of Virginia and New Eng- 
land. While theoretically sovereign, the people were ' ' def- 
erential" enough (to use a phrase of Bagehot's) to allow 
the control of affairs to remain in the hands of their 
superiors in birth and position. The first serious change 
of attitude came with the accession of Andrew J ackson to 
power. The great middle class, so called, the people with 
no pretensions to birth and no inherited wealth, were gradu- 
ally roused to a point where they demanded a voice in 
public affairs. From 1830 to 1865 large classes, before 
indifferent or unable to exert an influence, began to take an 
effective part in governmental affairs. All property quali- 
fications were swept away. Officials, formerly appointed, 
were made subjects for election directly by the people. 
Even the judges came to be elected in the same way and for 
limited terms. State constitutions were changed in ac- 
cordance with the new democratic ideas. Legally there was 
a government by the people in a completer sense than had 
ever existed. This new democracy naturally turned its 
attention to slavery which came to be a subject for dis- 
cussion after 1840. As a matter of course it became anti- 
slavery. The new anti-slavery democracy of the West 



152 IOWA JOURNAL OF HISTORY AND POLITICS 

reinforced the moral and religious leaders, Garrison, 
Phillips, and Whittier, who in the East were denouncing 
slavery. In fact, the real decisive battle with slavery was 
fought and won on the plains of the West. Without the 
West, the issue might have been doubtful. With nine free 
States in that section added to the free States of the East, 
the victory for freedom was assured. Tlie Civil War and 
the abolition of slavery mark the crest of the democratic 
wave in the United States. 

The great industrial development since the Civil War has 
had an anti-democratic influence. The small employer, 
working with his men, has given place to the great factory 
or mill with its hundreds of hands. The captain of industry 
has come to be the most striking feature of modern business 
and the individual worker has shrunk into insignificance. 
Autocracy in industry has replaced the comparative democ- 
racy of earlier times. The trust is only the latest mani- 
festation of the autocratic tendency in industry. Side by 
side with political democracy there has developed one-man 
rule in industry. It was inevitable that this development 
should react on government and law. The business man's 
influence in politics has been for the most part hostile 
to democracy. The business man wants a safe, conservative 
government that will not interfere with the use of the 
most effective business methods. He finds it more con- 
venient to deal with a boss in a given community than 
with the members of the local legislature. It is simpler and 
surer in its results. Much of our political corruption is due 
to the business man's liking for the shortest way to his 
object. It also makes clear in a suggestive way the business 
man's loss of faith in democracy. He has little confidence 
in the soundness of real democratic government. He thinks 
it safer to pay for what he wants. 

The recent " progressive movement" has manifested 



FORWARD MOVEMENTS SINCE THE CIVIL WAR L53 

itself in two main forms: (1) in warfare against political 
bosses; (2) in discontent with social and industrial condi- 
tions. In reality these two issues are one. They are the 
result of the relations that have grown up between politics 
and business. The political boss seems to be a necessary 
factor in the conduct of business on a large scale. He is the 
logical development of business conditions in which special 
privilege plays an important part. The political boss and 
special privilege corporations are typical features of 
present-day industry. Consequently the "progressive" 
aims at their elimination. The direct primary, the refer- 
endum, and the recall are the means by which he is trying 
to regain control of the government. The regulation of 
railroads and corporations is merely the other side of the 
same problem. We are beginning to realize that the task 
that "confronts every modern nation is how to make the 
great industrial, commercial & financial forces the servants 
and not the masters of society." 3 

To understand present-day conditions and tendencies we 
must go back to the Civil War. The succession of third 
parties from 1872 to 1896 — the Greenback, Granger, Free 
Silver, and Populist parties — were the expression of re- 
peated efforts on the part of the democratic citizens of the 
West to assert themselves against the prevailing character- 
istics of the industrial and social development since the 
Civil War. Often shortsighted and visionary in their spe- 
cific remedies, these leaders of the people were funda- 
mentally sound in their opposition to the growing power of 
plutocracy. Their instincts opened their eyes to features 
in the contemporary development that were not discovered 
for many years by the people in the older parts of the 
country. Bead the platforms of these parties and you will 

s Hobhouse 's The New Spirit in America in The Contemporary Beview, Vol. 
100, p. 3. 



154 IOWA JOURNAL OF HISTORY AND POLITICS 

find many of the planks that are now prominent in the 
proposals of the Democratic and Bepublican parties. These 
shortlived parties represent forward movements in the de- 
velopment of government of the people, for the people, and 
by the people, rather than the outbursts of fanatical re- 
formers, based upon the imaginings of poorly balanced 
minds. 4 

From 1866 to 1878 there was an almost constant contro- 
versy in regard to the greenbacks issued during the Civil 
War. One group urged retirement as soon as possible. 
Another group believed retirement a mistake and the cause 
of falling prices and business depression. They urged the 
use of greenbacks as a permanent part of the currency. 
The issue cut through party lines. Among the Eepublicans 
many favored the continued use of greenbacks, while the 
Democratic party was thoroughly permeated with the 
idea. - 

Congress first authorized gradual retirement, then for- 
bade retirement and later passed the Inflation Bill. After 
the veto of that bill by President Grant, Congress passed 
the Eesumption Act. Finally, in 1878, further retirement 
was forbidden and the amount in circulation at the time was 
made permanent. 

The first expression of the Greenback view as a national 
political issue was in the platform of the Labor Eeform 
party adopted at Columbus, Ohio, on February 22, 1872. 
After the crisis of 1873 and the trade depression that fol- 
lowed, the " Greenback movement" assumed large propor- 
tions. A national party, the Independent National or 
Greenback Party, was formed at Indianapolis, May 17-18, 
1876. Two hundred and thirty-nine delegates from nine- 
teen States were present. The platform demanded (1) 

4 Turner's Social Forces in American History in The American Historical 
Beview, Vol. XVI, pp. 217-233. 



FORWARD MOVEMENTS SINCE THE CIVIL WAR 155 

immediate repeal of the Resumption Act and the abandon- 
ment of the policy of contraction, (2) declared notes issued 
by the government the best circulating medium and de- 
manded suppression of "bank paper", (3) declared the 
"paramount duty of government to keep in view full de- 
velopment of all legitimate business", (4) protested against 
the further issue of gold bonds for sale in foreign markets, 
(5) objected to the sale of government bonds for the pur- 
chase of silver as substitute for currency, as it would enrich 
silver-mine owners and burden t 1 an already overburdened 
people". 5 

The Greenbackers nominated Peter Cooper of New York 
and Samuel F. Cary of Ohio for President and Vice- 
President. Eighty-one thousand seven hundred and forty 
votes were cast for these candidates. Of these, five States, 
Illinois, Indiana, Michigan, Iowa, and Kansas, furnished 
nearly 65 per cent — 52,603 out of 81,740. In 1880 the party 
broadened its platform to include industrial issues, and 
nominated James B. Weaver of Iowa and B. J. Chambers 
of Texas. Three hundred and eight thousand five hundred 
and seventy-eight votes were cast for these candidates. 
Each of the five States just mentioned increased its vote 
and two States, Missouri and Texas, contributed 35,000 and 
27,000 votes — altogether nearly two-thirds of the votes 
cast for the Greenback candidates came from seven western 
States. In 1884 the party nominated B. F. Butler of Massa- 
chusetts and A. M. West of Mississippi. These candidates 
received 175,365 votes. In 1888 the party gave way to the 
so-called Union Labor party. It had been absorbed into the 
agitation for free silver and other radical issues of the day. 

The years following the Civil War saw a great develop- 
ment of the then Far West — the Upper Mississippi Valley. 

s McKee 'a National Conventions and Platforms of all Political Parties, 1789- 
1900, pp. 174, 175. 



156 IOWA JOURNAL OF HISTORY AND POLITICS 

The demand was for railroads to open up the country. The 
speculative spirit of the period favored it. The natural 
result was that railroads and population went West too fast, 
while debts piled up in an inflated currency. There was 
little traffic except in grain. Prices began to fall as a result 
of the increased production. Transportation charges re- 
mained unchanged. The railroads began to appear as 
obstacles between the farmers and their eastern markets. 
The ownership of most of the stock of the railroads gave 
color to talk about ' ' absentee ownership". Moreover, the 
railroads were not always wisely managed. They felt the 
pinch of hard times and were compelled to fight for traffic 
at competing points, while they charged all the traffic would 
bear where there was no competition. As a result, the 
' 'farmers' movement" became one against the railroads. 

The agitation, usually known as the " Granger Move- 
ment", first attracted the attention of the country in 
Illinois. The new State Constitution of 1870 declared that 
railroads were " public highways" and demanded laws 
"establishing maximum rates". The next year the legis- 
lature passed an act establishing maximum rates and 
making provision for a commission to regulate the rail- 
roads. Judge Lawrence of the State Supreme Court de- 
clared this law unconstitutional, and at the next election he 
was defeated by a combination of farmers. By 1874 seven 
States had passed similar laws. Later the laws were tested 
before the Supreme Court of the United States. The Court 
declared in the case of Munn vs. Illinois that when "one de- 
votes his property to a use in which the public has an inter- 
est, he, in effect, grants to the public an interest in that use, 
and must submit to be controlled by the public for the com- 
mon good, to the extent of the interest he has thus created. ' 7 
Much of the Granger legislation worked badly and was later 
modified considerably. But public control of railroads was 



FORWARD MOVEMENTS SINCE THE CIVIL WAR 157 

established, many abuses were corrected, and to this move- 
ment we owe the State railroad commissions and the Inter- 
state Commerce Commission. 

The demand for free silver was first heard about 1876. 
The silver dollar had been dropped from the list of legal 
tender coins in 1873. Just at this time the greenback con- 
troversy was practically settled by the passage of the 
Resumption Act. Changes in the value of silver attracted 
the attention of the people, who felt that the currency was 
responsible for many of their ills. These changes came at 
the same time as did the demonetization of silver by several 
European nations and the discovery of new mines in the 
West. Ignoring the latter influence, the popular mind 
fastened upon the legislative action as the chief cause of the 
fall in the value of silver. The Act of 1873 became the 
' < Crime of 1873 ' ', and free coinage of silver at the ratio of 
16 to 1 became the watchword of large numbers whose 
constant demand for many years had been for more money 
to carry on the business of the country. 

The Compromise Act of 1878 did not check the agitation. 
After twelve years another compromise yielded more 
ground, but still failed to satisfy the demands of those who 
believed that free coinage would be a panacea for all their 
troubles. The crisis of 1893 brought things to a point where 
further compromise was seen to be impossible. The pur- 
chase clause of the act of 1890 was repealed after a desper- 
ate struggle, and the final settlement of the long controversy 
came as a result of the famous campaign of 1896. The 
Currency Act of 1900 registered the result in a legislative 
way. 

The name " Granger Movement' ' is applied to the earlier 
farmers' movement during the years from 1870-1880. A 
later "farmers' movement" has come to be known as the 
"Populist Movement". 



158 IOWA JOURNAL OF HISTORY AND POLITICS 

Organizations of farmers were formed in the West and 
South between 1880 and 1890. They grew gradually and 
entered into combinations until in 1890 they were ready to 
act in a national campaign. In the congressional and State 
elections of that year, they exerted so great an influence as 
to startle the country. They elected governors in Georgia, 
Texas, South Dakota, and South Carolina, carried State 
tickets in Kansas, Nebraska, and South Dakota, and also 
elected a number of Congressmen. 

These successes encouraged the advocates of independent 
political action. A call for a national convention was issued, 
and at Cincinnati in May, 1891, the Peoples Party was 
formed. Arrangements were made for another convention 
in 1892 to nominate candidates for President and Vice 
President. This convention met in Omaha in July, 1892, 
and nominated J. B. Weaver of Iowa and J. Gr. Field of 
Virginia. The platform contained the following points: 
(1) free coinage of silver, (2) government paper money in 
place of bank notes, and the increase of the amount in cir- 
culation to $50 per capita, (3) opposition to the issue of 
bonds, (4) postal savings banks, (5) a graduated income 
tax, (6) government ownership and operation of railroads, 
telegraphs, and telephones, (7) reclamation by the govern- 
ment of all lands held by railroads, corporations, and aliens 
in excess of actual needs and their opening to settlement. 
In the election that followed 1,041,028 votes were cast for 
the candidates, giving them twenty-two votes in the elec- 
toral college, and dividing these votes for the only time 
since 1860 among three candidates. 

The successes of the Populist Party in 1892 gave it a 
position that no other third party has occupied since the 
Civil War. Its representation in Congress was consider- 
ably increased. Its influence was made greater by the effect 
of its victories over the two old parties. Both were anxious 



FORWARD MOVEMENTS SINCE THE CIVIL WAR 159 

to conciliate the new power. This "permeating" influence 
was the strongest positive force exerted by the new party. 
Through it, its representatives affected legislation in a 
much greater degree than they could have done directly. 
"It was merely a question of time", declares one student of 
the period, "until the Republicans or Democrats would ad- 
mit its principles in order to absorb its strength. That it 
should capture the Democratic organization rather than the 
Eepublican may be looked upon as a political accident." 6 
Such an outcome was made easier by the disappearance of 
vital issues between the parties. Before the election of 
1892 Populist leaders tried to get the consent of Judge 
Walter Gresham, a leading Eepublican, to be their candi- 
date for President. He afterwards became Secretary of 
State in the Democratic administration of President Cleve- 
land. We have, therefore, an instance of a prominent 
Republican asked to be a candidate of the Populists, and 
actually becoming premier under a Democratic President. 
Such a case could only happen as a result of the lack of real 
issues. 

The nomination of Bryan in 1896 and the adoption of 
free coinage as a party issue by the Democrats marks a 
new period in our political life. Economic issues, instead 
of battling for recognition through new or third parties, 
have conquered the attention of the two great parties and 
have captured one of them. The years since 1896 have been 
occupied with the efforts of these parties to deal with the 
issues forced upon them. Bryan's capture of the Demo- 
cratic party has been followed by Roosevelt's attempt to 
transform the Republican party. The Insurgents represent 
the same forces at work in our political life. 

The nomination of Bryan by the Democrats in 1896 was 
the most dramatic event in our politics since the Civil War. 

6 Wildman 's Money Inflation in the United States, pp. 195, 196. 



160 IOWA JOURNAL OF HISTORY AND POLITICS 

He had served in Congress from 1891 to 1895, where he had 
made a reputation as an orator. After his retirement, he 
was connected with a Democratic newspaper in Omaha, and 
engaged by the silver miners in their agitation through the 
South and West. His strength rested upon his ability as a 
speaker rather than upon his knowledge of the money 
question. 

The Democratic convention met under very difficult con- 
ditions. The West and South were heavily in debt. Colo- 
rado and other far western States were seriously affected 
by the great decline in the price of silver. Coming to the 
convention at the head of a contesting delegation from 
Nebraska, Bryan stirred the assembly by the same kind of a 
speech that he had been using in the silver propaganda. 
The convention broke away from the control of the regular 
party leaders and nominated him on a free silver platform. 
He made a marvellous campaign, and, in spite of the fact 
that the eastern Democrats, led by the Cleveland adminis- 
tration, refused to support him, and nominated candidates 
of their own, lost only by a margin of about half a million 
in a total popular vote of over thirteen millions. The elec- 
toral vote was less evenly divided. Bryan carried all the 
States south of Virginia and Tennessee and all west of the 
Mississippi Eiver except Iowa, Minnesota, North Dakota, 
Oregon, and California. The sectional character of the vote 
is noteworthy, and indicates the continued existence of a 
radical sentiment in the West such as has been referred to 
in connection with the third party movements. That in- 
fluence in 1896 was given chiefly to Bryan. 

His renomination in 1900 proved that he had the gift of 
leadership. The accidental issue of 1896 had given him his 
opportunity. His retention of the leadership during the 
intervening four years showed his possession of something 
more than mere oratorical ability. Again in 1900 his cam- 



FORWARD MOVEMENTS SINCK TIIK CIVIL WAR Kil 

paign was a difficult one. The Spanish War gave rise to 
" imperialism ' 1 as an issue. Bryan gave it first place in his 
platform. It was apparent that the people were not en- 
thusiastic over the retention of the Philippines, but there 
seemed to be no other solution of the problems growing out 
of the war. In addition, Bryan made opposition to the 
trusts his second great issue, and also insisted upon free 
coinage as firmly as in 1896. The return of prosperity made 
people less inclined to change. The result was a gain for 
the Republicans and a loss for the Democrats. Bryan 
gained Kentucky, but lost Kansas, Nebraska, South Dakota, 
Utah, Washington, and Wyoming. 

His strength was again effectively shown in 1904, when 
he refused to be a candidate, and allowed the conservative 
Democrats of the East to name a candidate. In the con- 
vention, according to the testimony of independent ob- 
servers, he was by far the most impressive figure, and he 
compelled the conservative leaders to accept his revision 
of the platform. The results of the campaign showed con- 
clusively that the radicals were stronger than the conserva- 
tives in their appeal to popular support. 

In 1908 there was general agreement that Bryan was the 
only possible candidate. Many leading Democrats, who had 
formerly been opposed to him, openly declared their sup- 
port. On his return from a trip around the world in 1906, 
he was given a great reception in New York, and his nom- 
ination two years later was conceded. The outcome was an 
increase of 1,315,211 votes over the number cast for Parker 
in 1904, but a falling off of 109,743 votes compared with 
that of 1896. What is the explanation of such a result of 
twelve years' campaigning under circumstances that seem 
to indicate increased and confidential support by his own 
party and greater respect on the part of the public gener- 
ally? The answer is to be found by an analysis of his 

vol. xi — 11 



162 IOWA JOURNAL OF HISTORY AND POLITICS 

policies and a consideration of his significance as a leader. 

"Bryan makes a strong appeal to the moral sense of his 
sympathetic hearers. He does not make his protests ef- 
fective with men who think clearly for he offers no practical 
remedy.' ' He declares that elections are won by the nse of 
large campaign funds. These fnnds come from our great 
business interests. Our parties and public men are under 
obligations to them, and they pay their obligations by tariff 
favors and other kinds of special privilege. We are now 
convinced that there is only too much truth in his state- 
ments, but we are not clear as to the best course to pursue 
to change conditions. People accept his seriousness and his 
devotion to the average man, but they distrust a judgment 
that has failed to find sound remedies for the evils it has 
truthfully described. As a result we have his rejection as 
a presidential candidate, while his reputation as prophet 
and preacher has grown immensely. 7 

The succession of Theodore Eoosevelt to the presidency 
in 1901 marked the advent to national leadership of the most 
interesting and influential personality since Lincoln. He 
announced his intention of continuing the policy of his 
predecessor, but it was soon apparent that a new spirit had 
been introduced into our political life. He began a cam- 
paign against the trusts in 1902 by a series of speeches 
delivered in important cities. The policy of appealing from 
Congress and the politicians to the people, used so effective- 
ly by him, was invoked thus early. The immediate result 
was the establishment of a Bureau of Corporations as a part 
of the new Department of Commerce and Labor in 1903. 
The great coal strike of 1902 gave him another opportunity 
to use his influence in the interests of the people against a 
great natural monopoly. In 1904 came his election in his 
own right to the office to which the act of an assassin had 

i The World's Work, Vol. VII, p. 4504. 



FORWARD MOVEMENTS SINCE THE CIVIL WAR 163 



brought him. His great personal popularity, set over 
against the colorless candidacy of Parker, resulted in a 
great popular endorsement. 

His second term was even more noteworthy in its achiev- 
ments and in its influence upon popular opinion. It is no 
exaggeration to say that a revolution in policy and opinion 
had been accomplished by its close. In 1905 he took up the 
problem of railroad regulation. Defeated in his first efforts, 
a combination of favorable circumstances enabled him 
during the next year to force from a reluctant Congress a 
stronger measure than he had at first expected, and also to 
drive through two other acts of great importance — the . 
pure meat and pure food bills. 

During these years, too, he was constantly making 
speeches in which he took advanced positions. His speech 
on the "man with the muck rake" delivered in April, 1906, 
declared his personal conviction that some form of inherit- 
ance tax must sooner or later be adopted to limit the growth 
of fortunes " swollen beyond all healthy limits". Again in 
his annual message of December, 1906, he discussed the 
desirability of both income and inheritance taxes, "the 
prime object of which should be to put a constantly in- 
creasing burden on the inheritance of those swollen fortunes 
which it is certainly of no benefit to perpetuate". As the 
end of his term approached, he became still more emphatic 
in his denunciation of unscrupulous greed. His description 
of a certain multi-millionaire "as a man of whom it has 
been well said that his face has grown hard and cruel while 
his body has grown soft ; whose son is a fool and his daugh- 
ter a foreign princess" was perhaps unnecessarily ve- 
hement. It was nevertheless a characteristic utterance. 
His warfare against concentrated wealth could not be 
waged effectively by soft phrases and gloved hands. 

His prosecution of illegal combinations under the Sher- 



164 IOWA JOURNAL OF HISTORY AND POLITICS 

man Anti-Trust Act compelled attention to legislation that 
had been disregarded for many years. Whether the law is 
a wise one, and whether its strict enforcement accomplishes 
really useful results, may be open to question. Many peo- 
ple had accepted the opinion that it could not be enforced 
against the power of great combinations of capital. Roose- 
velt proved that it could be done, and by that very fact 
showed the strength of a government based upon real 
popular support. 

Opposition to the dominance of Speaker Cannon in the 
House of Representatives, and to the methods used in the 
Senate in the revision of the tariff during the extra session 
of Congress in 1909, led to a division in the Republican 
party : a number of Senators and Representatives became 
known as "Insurgents". The most conspicuous at first 
were Senators LaFollette of Wisconsin, Dolliver and Cum- 
mins of Iowa, Beveridge of Indiana, Bristow of Kansas, 
Clapp of Minnesota, Bourne of Oregon, Borah of Idaho, 
and Dixon of Montana. The failure of the Taft adminis- 
tration to continue the Roosevelt policies in a decisive way 
gradually crystallized a progressive or radical sentiment in 
the country. Roosevelt seemed to have converted the Re- 
publican party from an organization closely identified with 
the great business interests to a popular party. His retire- 
ment gave the old leaders a chance to reassert themselves, 
with the outcome of serious division in the party. That 
division has increased as the policy of President Taft has 
become clearly hostile to the progressive wing of his party. 
The break came at the national convention of 1912. 

LaFollette was the "first among the Republicans to com- 
prehend the character of the irrepressible conflict within 
the party", declared Senator Dolliver in a speech delivered 
in Wisconsin a few months before his death. He began his 
reform work in 1894. He was elected Governor in 1900, 



FORWARD MOVEMENTS SINCE THE CIVIL WAR 105 

1902, 1904, and United States Senator in 1 905, and reelected 
in 1910 by a great popular vote. His measures of reform 
were the primary, equalization of railroad taxes, and regu- 
lation of railroad rates. In the Senate he compelled recog- 
nition by his great ability in the face of bitter opposition. 
His speeches are not of the popular kind — he makes the 
longest speeches of any political leader in the country. 
His work among the chautauquas serves the double pur- 
pose of providing him with funds for his campaigns, and 
also as an effective method of reaching his opponents in 
their own constituencies. Publicity and the campaign of 
education are his favorite methods. 

The insurgent or progressive movement has had its great- 
est strength in the agricultural States of the Middle West. 
These States have been the seats of all the "forward move- 
ments ' ' since the Civil War. Insurgency is really only the 
latest manifestation of the democratic tendencies that have 
been characteristic of the West throughout its development. 

The progressive movement is by no means confined to a 
section or a party. It cuts through party lines. There are 
progressive Democrats as well as Republicans. So wide- 
spread is the division that predictions have been frequent 
for some time that a new alignment of parties is inevitable. 
The real division in American political life to-day is be- 
tween "progressives' ' and "standpatters'': whether Re- 
publican or Democrat is merely an accident. Recent events 
indicate that the re-arrangement of parties has really 
begun. For the permanent results, we must await further 
development. 

Feed E. Haynes 

MORNINGSIDE COLLEGE 

Sioux City Iowa 



HISTORY OF THE CODES OF IOWA LAW 



IV 

THE CODE OF 1873 

The Code of 1873 was used as the official compilation of 
the statute law of Iowa for a period of twenty-four years 
— from 1873 to 1897 — and consequently was in use for a 
longer period than any other code of Iowa law. 

During the session of the legislature in the year 1868 
there were a large number of amendments offered to the 
Revision of I860. 1 These were in part due to the increased 
amount of legislation enacted during the period, to the 
great material growth in the State, and to changes made by 
amendments of varying importance to the civil and criminal 
practice acts. 2 

DISSATISFACTION WITH THE EEVISION OF 1860 

There also appeared to be a considerable amount of dis- 
satisfaction with the Revision of 1860 among the legal pro- 
fession. One leading Iowa attorney declared : 

We do not propose to say that the work could have been more 
* thoroughly done in the given time, but we will say it was not per- 
formed as the General Assembly and the people supposed it would 
be when the commission was organized. The Revision is a report 
of such statutes as the commission then believed to be in force — 
this and nothing more. Nothing was done towards harmonizing 
existing laws, and no attempt is apparent at a general codification. 
The statute law of the state to-day consists of such provisions of 

1 For a list of the changes made to the Revision of 1860 see Souse J ourndl, 
1868, at pp. 793 and 813; and the Senate Journal, 1868, at pp. 614 and 636. 

2 Laws of Iowa, 1868, p. 208. Chapters 149 and 150 furnish examples of 
such amendments. 

166 



HISTORY OF THE CODES OF IOWA LAW 167 



the Code of 1851 as have escaped the pruning knives of later Gen- 
eral Assemblies, to which are added the accretions of eighteen years. 
Since the Revision — so-called — was published in 1860, the legisla- 
ture has assembled in four regular and two extraordinary sessions. 
For eighteen years there has been no actual revision of the laws. 
During this time the Supreme Court has delivered opinions filling 
twenty-six volumes. It is not often that a state finds its laws in a 
more confused condition. 3 

Furthermore, Governor Samuel Merrill made the follow- 
ing comments upon the dissatisfaction of the public with 
the existing criminal code : 

I invite your attention to an examination of the Criminal Code 
of the State. I am led to this suggestion by the fact of our current 
history, that, although less frequently occurring perhaps than in 
former years, the summary process known as "lynching" is yet too 
often resorted to for the purpose of rudely effectuating what are 
supposed to be the ends of justice. I am of opinion that riotous 
proceedings of this character are usually prompted by despair of 
justice being done through the ordinary operation of the law. That 
this feeling is ill-founded is very probable. Nevertheless, its exist- 
ence should arrest the attention of the legislature, and lead to the in- 
quiry whether there is any just cause for complaint at the laxity of 
our laws for the punishment of crime, and whether the criminal 
code itself, in a laudable anxiety to shield the innocent, has not 
been made to afford a convenient panoply to wealthy and crafty 
guilt. 4 

Despite the fact that parts one and two of the Code had 
been revised in 1860, there existed a great amount of con- 
fusion in the laws. The Commissioners of 1860 had so 
interpreted their powers that they had refused to make any 
change, either in words or phrases. Consequently the 
result of their labors was not a clear exposition of the 
statute law as it existed at the time of the adoption of the 

3 The Western Jurist, December, 1869, p. 323. 

* Shambaugh 's Messages and Proclamations of the Governors of Iowa, Vol. 
Ill, p. 319. 



168 IOWA JOURNAL OF HISTORY AND POLITICS 



Revision. 5 This fact is strikingly brought out in the fol- 
lowing paragraph from The Western Jurist: 

On the 14th of December, 1838, the territorial legislature passed 
' i an act organizing a board of county commissioners in each county 
of the territory of Iowa." [Laws 1839, page 151.] The general 
provisions of this act are retained in the Revision of 1843. [Re- 
vision 1843, Chapter 31.] The Code of 1851 provided for the 
election of a county judge, conferring upon him "the usual powers 
and jurisdiction of the county commissioners, and of a judge of 
probate, and with such other powers and jurisdiction as are con- 
ferred by statute." [Code of 1851, § 105.] Almost every subse- 
quent General Assembly made his powers and duties the subject 
of one or more enactments. In 1860 the General Assembly intro- 
duced a radical change in the system of county administration by 
transferring the fiscal and general affairs of the county to the 
control of a Board of Supervisors composed of members elected by 
the people in the several townships. [Laws of 1860, Ch. 47, Rev. 
1860, Tit. 3, Ch. 22, Act 11.] The act creating the board defines its 
powers and duties in terms somewhat general, but the General 
Assembly, evidently realizing the many insufficiencies and im- 
perfections thereof, by a sweeping statute declared: "That in all 
cases where the powers hereby conferred upon said Board of Super- 
visors have heretofore been exercised by the County Judge, county 
court, or other county officers, the said Supervisors shall conduct 
their proceedings under said powers in the same way and manner 
as nearly as may be as is now provided by law in such cases for the 
proceedings of said county judge, county court, and county officers, 
provided they are not inconsistent with the provisions of this act, ' ' 
[Laws of 1860, Sec. 24, Rev. 1860, sec. 325] and "that all laws 
which may be in force at the time of the taking effect of this act, 
devolving any jurisdiction or powers on county judges, which 
said jurisdiction or powers are conferred upon the County Board 
of Supervisors, by an act of the present General Assembly en- 
titled an act creating a Board of County Supervisors, defining 
their duties and the duties of certain county officers, shall be held 
to apply and devolve said jurisdiction and powers upon the said 
Board of Supervisors, in the same manner and to the same extent 

5 Eeport of Commissioners to Eevise the Statutes, 1871, p. 5. See also the 
Eevision of 1860, preface, p. v. 



HISTORY OF TIIK CODES OF JOWA LAW Ki9 



as though the words County Board of Supervisors occurred in said 
laws, instead of the words County Judge." | Laws 1860, Ch. 100, 
Rev. 1860, Sec. 330.] To ascertain the extent of his jurisdiction 
and the full scope of his duties is no trifling matter to the super- 
visor. He will carefully study: 1. The provisions of the acts of 
1839 and Revision of 1843, for the purpose of advising himself as 
to the "usual powers and jurisdiction of the county commission- 
ers." 2. The provisions of the Code of 1851 and subsequent 
statutes relating to the county judge. 3. The act of 1860 cre- 
ating the Board of Supervisors, and all subsequent statutes re- 
lating thereto. 4. He will carefully eliminate from the statutes 
relating to the county judge and county court those provisions 
"devolving any jurisdiction or powers on county judges, which 
said powers are conferred upon the county Board of Supervisors/' 
discriminating between the judicial and administrative functions 
of the judge ; and 5. For the purpose of ascertaining the manner 
of discharging his duties ; will trace through the statutes creating 
and regulating the exercise of the several powers conferred upon 
the board to discover the "way and manner as nearly as may be" 
in which the power was exercised before it "devolved upon the 
board." These must be read in the light of many decisions of the 
Supreme Court of the State construing their provisions. Having 
pursued carefully and successfully this course of study he may be 
able to intelligently discharge his duties. 6 

The conditions above enumerated — the great increase 
in the bnlk of legislation, the general discontent with the 
Revision of 1860, and the confused state of the laws — were 
important factors in securing legislative action looking to- 
ward a thorough and systematic reshaping and publication 
of the laws in the form of a code. 

THE CREATION OF THE CODE COMMISSION 

There appears to have been an understanding among 
leading attorneys that the Thirteenth General Assembly 
would provide for a commission to revise and codify the 
statutes. Mr. Thomas F. Withrow wrote in December, 
1869, that "one of the most important duties' ' that would 

6 The Western Jurist, December, 1869, pp. 323-325. 



170 IOWA JOURNAL OF HISTORY AND POLITICS 



fall upon the forthcoming legislature would be to provide 
for such a work. 7 He then stated his views as to how the 
commission should be appointed and the method of doing 
the work. Since Mr. Withrow was connected with some of 
the leading lawyers of the State through his position as an 
editor of The Western Jurist, his remarks are here quoted : 

A new Code, in our opinion, should be prepared, embracing in a 
proper system all general principles governing conduct and regu- 
lating property clearly settled by legislative or judicial declaration. 
These principles may be gathered from the statutes of the state now 
in force, and from the decisions of the courts, especially from the 
decisions of our own Supreme Court. New provisions will occur 
to those charged with the duty of preparing such a Code, many of 
which would be suggested by an examination of the Civil Law. It 
is safe to assume that that which the judges announce in written 
opinions and which the reporters are required to concisely state in 
the head notes of reported decisions may be written in a code. If 
it be practicable, there should be little delay in arriving at the 
conclusion that it is desirable. A systemized statement of the gen- 
eral principles of the law, accessible alike to lawyer and laymen, 
would be a boon conferred upon both. That which Justinian 
achieved for the Roman Law, and Napoleon for the Civil Law of 
France, may be accomplished for American Common and Statute 
Law. 

To attempt to accomplish this at a single session of the General 
Assembly would be futile. The work requires much investigation, 
the composition of a large volume in a style combining precision, 
brevity and clearness. The Code should not be the production of 
one mind, and should not be characterized by peculiar methods of 
thought and expression. We suggest : 

1. That the Governor, the Judges of the Supreme Court and 
the Attorney-General be organized as a Board of Revisors, with 
power : 

r The Western Jurist, December, 1869, p. 321. Mr. Thomas F. Withrow was 
one of the Iowa editors of the above paper, the general editor at this time 
being Wm. Gr. Hammond of Iowa City. Mr. Chester C. Cole succeeded Mr. 
Hammond as general editor. Mr. Withrow was Eeporter of the Supreme Court 
from April 17, 1860, until 1867 — Iowa Official Register, 1911-12, p. 146. 



HISTORY OF THE CODES OF IOWA LAW 171 



(a) To appoint three commissioners who shall be charged with 
the duty of codifying the laws of the State. 

(b) To regulate and control the discharge of duty by the com- 
missioners by requiring meetings as often as the Board shall deem 
best, by dividing and assigning, the execution of detail, by requiring 
reports from the commissioners as often as in their opinion shall be 
deemed necessary for the prompt accomplishment of the work. 

(c) To revise the reports submitted by the commissioners and 
direct amendments of the same. 

(d) To remove members of the Board of Commissioners at 
pleasure ; and to fill by appointment vacancies created by removal 
or otherwise. 

2. The report of the commissioners after being revised by the 
Board of Revisors shall be submitted to the General Assembly for, 
action. If the usual course shall be pursued the whole report will 
be committed to the Judiciary Committees, and with their sug- 
gestions, to the two houses for final action. 

The usual method is to appoint a number of commissioners who 
are under the control of the Legislature. It is believed that the 
suggestions above set out embrace the outline of a more satisfactory 
organization. The Commissioners are usually selected from mem- 
bers of the bar in active practice. It is well in some respects that 
this is so, for in no other circle can men be found better qualified 
by actual experience for such work. But it also has its disadvan- 
tages, especially in connection with biennial sessions of the General 
Assembly. The demands of an active practice, enforced by threat- 
ened defaults, decrees pro confesso, and trials of causes without 
preparation, are more imperious than the sense that a report to be 
submitted months hence now demands attention. To state the 
proposition plainly, when no supervisory power controls a board of 
practicing lawyers, there is reason to fear that too often they will 
yield under the pressure of business to a temptation to postpone 
and delay the performance of official duty, and will, when the time 
for submitting a report approaches, do the work assigned hastily. 
The board by the exercise of the power to apportion the work, to 
require meetings and to remove and appoint, could enforce prompt 
attention to the discharge of duty. The principal value of the 
services of the board will be in the revision they will make of the 
work of the commissioners. Of the six members of the Board, five 
will be lawyers and four of them judges of the Supreme Court. 



172 IOWA JOURNAL OF HISTORY AND POLITICS 



Their revision of the report of the commissioners before it is sub- 
mitted to the General Assembly, the review it will receive at the 
hands of the Judiciary Committees and its examination on the floor 
of each house should give the state a code as nearly perfect as the 
nature of the case and human infirmity will permit. Too much care, 
time and labor cannot be given to work so important. Time and 
money expended in producing a well rounded and clearly expressed 
body of laws is time and money saved to the people, the bar and the 
courts. "We trust the General Assembly will not hesitate to in- 
augurate the work. 8 

When the legislature convened on the tenth of J anuary, 
1870, Governor Samuel Merrill proposed in his biennial 
message that a commission be appointed whose duty it 
would be to "revise and codify the laws of the State". 9 
The legislature, with very little discussion, proceeded to 
enact a bill creating such a commission. 10 

The Thirteenth General Assembly was composed of some 
very able men and accomplished a great deal in the way of 
legislation. William Larrabee and G. G. Bennett 11 in the 
Senate and John A. Kasson 12 and John Y. Stone in the 

8 The Western Jurist, December, 1869, pp. 327, 328. 

9 Governor Merrill wrote as follows : 1 ' I respectfully call your attention to 
the condition of our laws. They are spread on our statute-books for several 
years, reaching as far back as 1851, and some of them even referring to ante- 
cedent enactments. Every man is supposed to 'know the law,' and ignorance 
of it excuses no man. Should it not, then, be the aim of the legislature so to 
simplify the statute-book, and condense its bulk, that the law may be the more 
easily ascertained by the citizen? I would recommend that provision be made 
for the selection of commissioners to revise and codify the laws of the State; 
these commissioners to be required to report progress to some authority at 
intervals, and to complete the work in time for the next General Assembly. ' ' — 
Shambaugh's Messages and Proclamations of the Governors of Iowa, Vol. Ill, 
pp. 319, 320. 

10 Laws of Iowa, 1870, Ch. 75, pp. 75, 76. 

11 Senator Larrabee was chairman of the Committee on Ways and Means and 
Senator Bennett chairman of the Judiciary Committee. See Senate Journal, 
1870, pp. 281, 282, and also p. 341. 

12 In the House Mr. Kasson was a member of the Ways and Means Com- 
mittee and Mr. Stone was a member of the Judiciary Committee. — House 
Journal, 1870, p. 78. 



HISTORY OF THE CODES OF IOWA LAW 17:5 

House appear to have been among the leaders during this 
session. 

On February 3, 1870, Senator Granville G. Bennett of 
Washington, a member of the Judiciary Committee, intro- 
duced Senate File No. 95, which was "a bill for an act 
creating a commission to revise the statistics [statutes] of 
Iowa, and defining their duties and providing for the publi- 
cation and distribution of their report." 13 One month 
later, on March 2, 1870, the above bill came up for con- 
sideration and Senator Charles Beardsley moved that it be 
printed and be made the special order eight days later on 
March 10th. 14 Senator L. E. Fellows attempted to have 
the bill indefinitely postponed, but he was unsuccessful and 
the motion of Senator Beardsley prevailed. 15 

In explaining his desire to have the bill printed Senator 
Beardsley stated that he had the utmost confidence in the 
Judiciary Committee and in its able chairman, but that the 
bill was of such importance that it deserved to be pub- 
lished. 16 Mr. Patterson of Floyd County was opposed to 
the passage of the bill, giving as his reason the fact that a 
constitutional convention might be called which would pass 
or enact a new constitution and under such circumstances 
a new revision would be a necessity in three or four years. 
Senator Mulkern of Dubuque County and Senator L. E. 
Fellows were of the same opinion as was Senator Patter- 
son, while Senators G. G. Bennett, John McKean, and 
Napoleon B. Moore championed the appointment of a 
commission. 17 

When the bill to appoint a commission, which had been 
made a special order, came up for consideration the prin- 

13 Senate Journal, 1870, p. 121. 

14 Senate Journal, 1870, p. 199. 

15 Senate Journal, 1870, p. 200. 

is Des Moines Bulletin — Legislative Supplement, 1870, No. 26, p. 2. 
17 Des Moines Bulletin — Legislative Supplement, 1870, No. 26, pp. 2, 3. 



174 IOWA JOURNAL OF HISTORY AND POLITICS 



cipal discussion centered about the personnel of the com- 
mission. Senator Bulis desired to insert the name of Mr. 
E. E. Cooley of Winneshiek County in place of the name of 
Mr. J ohn C. Polley, stating in support of his motion : 1 1 the 
persons whose names are suggested in the bill are chosen 
from the eastern part of the State, and I think they should 
be selected from different parts of the State". 18 Senator 
Homer E. Newell desired to amend the amendment by 
striking out the name of E. E. Cooley and substituting in 
its place the name of J. 0. Crosby of Clayton County, who 
was at that time a member of the Commission of Legal 
Inquiry. Senator Ireland rose to defend the original bill 
containing the name of Judge Polley and both the amend- 
ments were lost. Senator Dysart moved to strike out all 
the names of commissioners in the bill, declaring that the 
commissioners should be selected by the legislature. Sena- 
tor West then proposed the name of Mr. T. W. Woolson of 
Henry County as a member of the board, but this motion 
was likewise lost. It finally appeared that no name could 
be substituted for that of Judge Polley and the effort was 
abandoned. 19 

Senator William Larrabee thought that the laws that had 
been declared unconstitutional by the Supreme Court 
should be left in the revision and he moved to strike from 
the act a section which would have caused such acts to be 
omitted. 20 Senator Fellows proposed an amendment which 
required the commissioners to wait until after the people 
had voted upon the question of calling a convention to re- 
vise the constitution. 21 This met with legislative approval 

is Des Moines Bulletin — Legislative Supplement, 1870, No. 36, p. 2. 
is Senate Journal, 1870, pp. 249, 250. See also the Des Moines Bulletin — 
Legislative Supplement, 1870, No. 36, p. 2. 

20 Senate Journal, 1870, p. 250. 

21 Des Moines Bulletin — Legislative Supplement, 1870, No. 36, p. 2. The 
action of the Senate is fully described in this paper. 



HISTORY OP TIIR CODES OF IOWA LAW 175 



and became a part of the act. 22 Senator John G. Patterson 
made an effort to have E. G. Beiniger of Floyd County 
added to the board of commissioners, but the Senate ad- 
journed temporarily without taking any action thereon. 2:i 
When the Senate again considered the bill on the afternoon 
of April 1st, the proposition put forth by Senator Patter- 
son was lost. 24 The bill was then put on its final passage 
and was passed by a unanimous vote and without any dis- 
cussion whatever, showing that the need of a revision of 
the laws was generally recognized. 25 

Meanwhile, during the discussion of the above bill in the 
Senate there were other bills 26 and reports tending to aid in 
the passage of this bill by showing the necessity for a re- 
vision. 27 On March 8, 1870, the Commission of Legal In- 
quiry submitted a report with a draft of a bill annexed. 28 
In this report the members of the commission stated that 
they had not examined all the " Legislation amendatory to 
the Kevision", but had made only a ' ' few suggestions ' \ 29 
These were reported from the Judiciary Committee favor- 
ably and recommended for passage. 30 One of these bills 
was Senate File No. 208, providing for a considerable num- 
ber of changes in the Civil Practice Act of the Revision of 

22 Laws of Iowa, 1870, Ch. 75, sec. 4, p. 76. 

23 Senate Journal, 1870, p. 251. 

24 Senate Journal, 1870, p. 421. 

25 Des Moines Bulletin — Legislative Supplement, 1870, No. 45, p. 1. 

26 For a list of amendments to laws passed or proposed at the session of 
1870 see Senate Journal, 1870, pp. 645, 646. 

2T At nearly every session of the General Assembly one or more bills were 
introduced calling for a compilation of the road laws or a revision and publica- 
tion of the school laws. 

28 Senate Journal, 1870, p. 237. 

29 For an account of the Commission of Legal Inquiry see a previous article 
in The Iowa Journal of History and Politics, Vol. X, p. 353. 

30 The Judiciary Committee reported seven bills after having examined the 
report of the Commissioners of Legal Inquiry. These are to be found in the 
Senate Journal, 1870, p. 359. 



176 IOWA JOURNAL OF HISTORY AND POLITICS 



I860. 31 This act was favorably received in both houses and 
was enacted into law. 32 

The House of Eepresentatives does not appear to have 
taken as active a part in the consideration of the codifica- 
tion of the laws during the session of 1870 as did the Senate. 
Early in the session a bill was introduced providing for the 
compilation and publication of the road laws. 33 After be- 
ing recommended favorably it passed the House by a unani- 
mous vote and also met with favor in the Senate. 34 The 
Secretary of State was allowed four hundred dollars for 
preparing the book and the Attorney General fifty dollars 
for his share in the work. 35 

The Senate bill providing for the appointment of com- 
missioners to revise the statutes was received in the House 
on April 2, 1870. 36 It appears that the bill had already been 
considered by the joint committee of the two houses and 
consequently was not referred to the House Judiciary Com- 
mittee, but was acted upon at once. 37 Mr. James Dunne 
attempted to have the name of W. J. Knight of Dubuque 
stricken out and that of William E. Leffingwell of Clinton 
inserted. Mr. Theophilus Crawford desired to have Mr. 
James Dunne of Jackson on the Commission, but the House 
adopted the bill in the form in which it was received from 
the Senate, by the decisive vote of seventy to eight. 38 

This bill, having passed both branches of the legislature, 
was approved by the Governor on April 7, 1870. 39 By its 

si Senate Journal, 1870, pp. 359, 375. 

32 Senate Journal, 1870, p. 461. See also the House Journal, 1870, pp. 534, 
574, 634, 635. 

33 House Journal, 1870, p. 131. 

34 House Journal, 1870, pp. 161, 267, 573. 

35 Laws of Iowa, 1870, Ch. 86, pp. 87, 88. 

36 House Journal, 1870, p. 496. 

37 Bes Moines Bulletin — Legislative Supplement, 1870, No. 62, p. 2. 

38 House Journal, 1870, pp. 500, 501. 

39 Laws of Iowa, 1870, p. 76. 



HISTORY OF TIIK CODES OF IOWA LAW 177 



provisions, William H. Seevers of Oskaloosa, John C. 
Policy of Clinton County, and William ,\. Knight of Du- 
buque were appointed a commission, with the following 
instructions : 40 

They shall carefully revise the statutes of this State, rewrite the 
same, divide them into appropriate parts, arrange them under 
proper titles and chapters, omit all parts repealed and such as have 
become obsolete, insert all amendments, so as to make the same com- 
plete, transpose words and sentences, arrange and number the same 
in their proper order, and when necessary change the phraseology 
by leaving out and inserting words and sentences so as to adapt the 
same to the form of county government and system of courts as 
fixed by law. They shall omit from such revision all statutes of . 
a private, local, or temporary character; those relating to the ap- 
portionment of the State into congressional, senatorial, representa- 
tive, and judicial districts; all references to prior laws, decisions, 
notes, and references to their own report or that of any former 
commission on revision. 41 

By another section of this act the Commissioners were 
instructed not to enter upon their labors until after the 
general election in 1870, when it would be determined 
whether or not the Constitution would be revised. If the 
people should vote to revise, the Commissioners were not 
to perform any duties until advised by the next General 
Assembly. But if there was to be no revision of the Con- 
stitution, the Commissioners were to report to the Governor 
by July 4, 1871, all the changes, omissions, or additions 
made to the laws of the State. 42 

The Governor was thereupon to have one thousand copies 
of the report printed by the first day of the following 
September and distribute the same to the various State 
officials and to the members of the legislature. 43 The Com- 

40 Laws of Iowa, 1870, Ch. 75, sec. 1, p. 75. 

41 Laws of Iowa, 1870, Ch. 75, sec. 3, pp. 75, 76. 

42 Laws of Iowa, 1870, Ch. 75, sec. 4, p. 76. 

43 Laws of Iowa, 1870, Ch. 75, sec. 5, p. 76. 

VOL. XI 12 



178 IOWA JOURNAL OF HISTORY AND POLITICS 



missioners were to be allowed a per diem of ten dollars for 
"each and every day actually employed" and ten cents a 
mile for every mile " necessarily' ' travelled in the dis- 
charge of their duties. 44 In addition, they were to be fur- 
nished with such stationery and statutes as would be needed 
for their work. 45 

It will thus be seen that the law was very explicit and 
comprehensive in its provisions. In determining the inten- 
tion of the legislature the Commissioners came to the con- 
clusion that they were "not only to ' revise', and ' arrange', 
but also to ' rewrite' " the statutes, 46 but that this did not 
include a codification of the unwritten law or of the ju- 
dicial decisions of the Iowa Supreme Court. In fact, judi- 
cial opinions received no notice except in cases where 
statutes had been declared unconstitutional. 47 The inter- 
pretation placed by the Commissioners upon their powers 
is forcefully stated in the following extract from their 
report : 

It is equally clear that we were to revise and rewrite the statutes, 
not merely to compile them. The power to do this is given with 
remarkable fullness and particularity, and great care is taken to 
exclude the possibility of our reporting a compilation, with the 
marks and references which in a mere compilation are necessary. 
The evident intention was that the new volume should be, like the 
Code of 1851, a homogeneous unit, dating and deriving its validity 
from a single enactment, so that no question could be raised as to 
the repeal or superseding of one section by another, or the relative 
age of different provisions. 48 

THE CODE COMMISSIONEES 

The Commissioners appointed to revise the statutes were 
men of great legal learning and ability. The original Com- 

44 Laws of Iowa, 1870, Ch. 75, see. 6, p. 76. 

45 Laws of Iowa, 1870, Ch. 75, sec. 7, p. 76. 

46 Eeport of Commissioners to Bevise the Statutes, 1871, p. 6. 

47 Eeport of Commissioners to Bevise the Statutes, 1871, p. 7. 

48 Eeport of Commissioners to Bevise the Statutes, 1871, pp. 7, S. 



HISTORY OF THE CODES OF IOWA LAW 



179 



mission, consisting of William H. Seevers, John C. Policy, 
and William J. Knight, did little more than organize and 
divide their labors, as they were forced to wait until after 
the fall elections before commencing their task. Mr. John 
C. Polley removed from the State late in the year 1870, 49 
thus necessitating the appointment of a new member and 
the reassignment of labors. Accordingly, Governor Merrill 
appointed Chancellor William Gr. Hammond of the Law 
Department of the State University of Iowa to the vacancy. 
On December 26, 1870, 50 Chancellor Hammond took the oath 
prescribed in the act, and thereafter the personnel of the 
Commission remained unchanged until the entire work was- 
finished. 

William H. Seevers of Mahaska County was the chair- 
man of the Code Commission. 51 Judge Seevers was born 
and educated in Virginia, removing to Mahaska County, 
Iowa, in 1844. Two years later he was admitted to the bar. 
In 1848 he was elected prosecuting attorney and in 1852 to 
the judgeship of the Third Judicial District, which position 
he held for five years. He was twice a member of the lower 
house of the legislature, serving in 1858 and again in 1876. 
After the adoption of the Code, Judge Seevers was ap- 
pointed its Editor. In 1876 he was elevated to the Supreme 
Bench of the State and served on that tribunal for two 
terms, until 1888. 52 He died in March, 1895. 53 

William G. Hammond of Iowa City, who wrote parts one 
and two of the Code of 1873, was a very able lawyer, a dis- 
tinguished teacher, and a man of rare attainments and 

49 Eeport of Commissioners to Revise the Statutes, 1871, p. 3. 
so Report of Commissioners to Revise the Statutes, 1871, pp. 3, 4. 
si Report of Commissioners to Revise the Statutes, 1871, p. 3. 

52 Iowa Official Register, 1911-12, p. 140. 

53 For biographies of Judge William H. Seevers, see the Annals of Iowa, 3rd 
Series, Vol. II, p. 80; The History of MahasTca County, 1878, pp. 592, 593; 
The Courts and Legal Profession in Iowa, 1907, Vol. I, pp. 318, 319; and Gue's 
History of Iowa, Vol. IV, p. 238. 



180 IOWA JOURNAL OF HISTORY AND POLITICS 



great learning. 54 He was born at Newport, Rhode Island, 
on May 3, 1829, and received his collegiate education at 
Amherst College, graduating with the A. B. degree in 1849. 
He read law in New York City following his graduation and 
was admitted to the bar in 1851. In 1856 he went abroad 
and spent some time at Heidelberg. Following his return 
to America in 1858 he emigrated to Iowa, locating at Ana- 
mosa, from whence he removed to Des Moines in 1867. 
There he opened up a practice and was associated with the 
Iowa College of Law. One year later, in 1868, he removed 
to Iowa City, where he became Chancellor of the Law De- 
partment of the State University of Iowa. This position he 
ably filled until 1881, when he became Dean of the St. Louis 
Law School. In 1889 Chancellor Hammond headed the 
Committee on Legal Education of the American Bar Asso- 
ciation and he was also at one time President of The State 
Historical Society of Iowa. 55 His death occurred on the 
twelfth of April, 1894. 56 

William J. Knight of Dubuque was a Democrat in poli- 

54 Eeport of Commissioners to Bevise the Statutes, 1871, p. 4. 

55 See Shambaugh's A Brief History of The State Historical Society of Iowa, 
1907, p. 23. 

56 Biographies of William G. Hammond may be found in the Annals of Iowa, 
3rd Series, Vol. I, p. 503; Iowa Historical Becord, Vol. X, No. 3, July, 1894, 
pp. 97-106; The Courts and Legal Profession of Iowa, 1907, Vol. I, p. 155; 
McClain's William Gardiner Hammond in Great American Lawyers, Vol. VIII, 
p. 191; Gue's History of Iowa, Vol. IV, pp. 117, 118. A fine tribute is paid to 
Chancellor Hammond's scholarship by John P. Irish in The Iowa Journal of 
History and Politics, Vol. VIII, p. 554. 

A considerable number of the papers and manuscripts of William G. Ham- 
mond are preserved in a collection deposited with The State Historical Society 
of Iowa by his daughter. This collection contains a scrap book filled with 
newspaper clippings concerning Chancellor Hammond. The following clipping, 
found in this Scrap Booh at p. 26 shows the public confidence placed in the 
Commission : 

< 1 If the Legislature will stay the hand of mutilation Iowa is pretty sure of 
having a model code as the result of the labors of the Commission. Every 
State is not so fortunate in getting gentlemen to revise codes so versed in the 
science and practice of the Law as Messrs. Hammond, Knight and Seevers." 



HISTORY OK Til 10 CODKS OK IOWA LAW 181 



tics and was the youngest member of the Code Commission. 
He was born in Kilkenny, Ireland, on March 3, 1838, and 
was educated at Kilkenny College. In 1852 he sailed for 
America and later studied law in an office at Dubuque, 
winning admission to the bar in 1857. In 1869 he became 
Mayor of the city of Dubuque, and at later periods he 
served in both houses of the State legislature. 57 His death 
occurred in 1908. 

THE WORK OF THE COMMISSION 

Immediately after the appointment of Mr. Hammond to 
the Commission it entered in earnest upon the perform- 
ance of its duties. 58 On September 9, 1871, the Commission 
submitted to Governor Samuel Merrill its report and also 
a manuscript copy of the Code which it had prepared. 59 

According to this report, the first meeting of the Com- 
mission was held on November 9, 1870, at which time an 
organization was effected and the work divided. To Mr. 
Polley were allotted parts one and two to revise and codify ; 
Mr. Seevers was selected to take the Code of Civil Pro- 
cedure, and Mr. Knight the Code of Criminal Procedure. 
Shortly afterward, as has been noted, Mr. Polley resigned 
and on December 24, 1870, Mr. Hammond was appointed to 
take his place. 60 

Mr. Hammond assumed the parts assigned to Commis- 
sioner Polley and the Commission was " actively and con- 
stantly engaged in its labors ' ' until the work was completed. 

57 For biographical material concerning William J. Knight see The Bench 
and Bar of Iowa, 1901, pp. 348, 349 ; The Courts and Legal Profession of Iowa, 
1907, Vol. I, pp. 166, 167 ; and the Proceedings of the Iowa State Bar Associa- 
tion, Vol. XIV, p. 151. Very little of a biographical nature is to be found con- 
cerning John C. Polley of Clinton County, who was appointed on the original 
commission. 

58 Report of Commissioners to Revise the Statutes, 1871, p. 4. 

59 Report of Commissioners to Revise the Statutes, 1871, pp. 3, 20. 

60 Report of Commissioners to Revise the Statutes, 1871, pp. 3, 4. 



j 



182 IOWA JOURNAL OF HISTORY AND POLITICS 



At intervals of about a month the Commission met and 
went over the work jointly. As a result the Code submitted 
to the legislature was "without a single dissent from any 
member of the Commission to any recommendation con- 
tained either in the Code or in this Report." 61 But the 
Commission lamented the fact that it was given such a 
short time in which to complete its labors — the two former 
code commissions having been granted from four to six 
times the length of time for carrying out the task of codi- 
fication. In deploring the lack of a sufficient amount of 
time in which to do their work in a proper manner the 
Commissioners took occasion to criticise the Revision of 
1860 and praise the Code of 1851. In speaking of the latter 
work they declared : 

The careful examination which we have been obliged to make of 
that Code, as well as all the subsequent legislation of the state, war- 
rants us in saying that, — speaking now with reference to form, 
style, and method only, and without reference to the subject-matter 
— the Code of 1851 is altogether the best executed piece of legisla- 
tion we have ever had in the state, of any considerable length, and 
is equalled by very few of the laws of the other states of the Union, 
in these qualities, so far at least as we have had opportunity to 
examine. 62 

Owing to the fact that the Commission could not begin 
its work until about January 1, 1871, it was found to be 
impossible to complete the task by the date set in the 
statute (July 4th), and as a consequence the report was 
over two months late in appearing. 63 The interpretation 
which the Commissioners placed on their powers has al- 
ready been noted. The most interesting part of the report, 
perhaps, is the portion wherein are enumerated the general 
rules adopted in preparing the manuscript code. In short, 

61 Eeport of Commissioners to Bevise the Statutes, 1871, p. 4. 

62 Eeport of Commissioners to Bevise the Statutes, 1871, p. 5. 

63 Eeport of Commissioners to Bevise the Statutes, 1871, p. 20. 



HISTORY OF TIIK CODKS OK IOWA LAW 183 



these were : to make no change for its own sake ; to avoid 
u changes that were connected with partisan or sectional 
purposes"; to arrange all new matter for the practical con- 
venience of those who were to use it ; to secure the threefold 
quality of precision, clearness, and brevity in all cases 
where language was altered and to substitute the English 
equivalent for all Latin terms or phrases ; to avoid repeti- 
tion; and to omit certain things, such as repealing clauses, 
curative, or retroactive clauses, amending clauses, and all 
sections giving a legislative construction to prior acts, 
which were often found in the session laws. 64 

The idea of substituting the English term or phrase for 
the Latin equivalent appears to have met with popular 
favor, as the following article taken from a State paper, 
and entitled Plain English Ahead, would indicate : 

We notice, in examining the report of the Commissioners to Re- 
vise the Statutes of Iowa, among the many good and useful measures 
proposed, one that we hail as peculiarly indicative of a change 
which will in law, as it would in the other learned professions, meet 
with almost universal approval, — the removing at once of all for- 
eign words and phrases, the retaining of which has long since 
ceased to be either necessary or useful. The Committee say they 
have endeavored "to make the Statute book speak plain English 
throughout even where a few more letters were required." Thus 
they have substituted 1 1 by virtue of his office," for ex officio, "in 
good faith," for bona -fide, "presumptive" for prima facie, etc, etc. 
They only retain a few such recognized names as have in fact be- 
come our own technical terms. The wholesome good sense of this 
move we are sure will be apparent to every one. If there ever was 
any apology for the use of foreign words and phrases in the English 
books and practice of law, literature, medicine or divinity, the time 
has long since passed. 

.... The English language is following Anglo-Saxon enter- 
prise throughout the world. It will yet be universal. It will be the 
court language of civilization. It is unequalled by any language, 
living or dead, for its breadth of application and readiness of 

64 Report of Commissioners to Revise the Statutes, 1871, pp. 11-13. 



184 IOWA JOURNAL OF HISTORY AND POLITICS 



adaptation, and there can be no excuse for clinging to these worse 
than useless idiomatic expressions of a foreign language. They can 
no longer deceive. They can shield ignorance no more. We heartily 
commend the Law Codifiers of Iowa for their command of plain 
English to the front. 65 

In selecting the method of arrangement in the proposed 
Code the Commission unhesitatingly adopted the plan of 
the Code of 1851, declaring that it was "substantially the 
one that we would choose in a new case." 66 This was the 
division into four grand chapters or parts, a system which 
was declared to be in use in the codes of the State of New 
York, and was known as the logical, philosophical, or nat- 
ural order. 67 The Commissioners declared that they had 
"departed no farther" than they could help from the plan 
of the Code of 1851, the greater portion of Title XIII being 
changed from part one to part two, since it contained pri- 
vate law for the most part. 68 The greatest number of 
changes occurred in the first two parts, which had not been 
changed, except by subsequent session laws, since 1851, for 
the revision in 1860 had really done little if any good in the 
way of simplifying the provisions of these parts, acts in- 
consistent with each other being found therein. 69 In closing 
their report the Commissioners suggested a plan for the 
consideration of the manuscript code, and called for any 
suggestions looking toward the improvement of the work. 70 

Following a Synopsis, in which is shown where the sec- 
tions of the proposed code may be found in the preceding 
codes, 71 the Commissioners took up each part of the new act 

65 From a clipping found in a Scrap Book, p. 26, in the Hammond Collection 
in The State Historical Society of Iowa. 

66 Eeport of Commissioners to Revise the Statutes, 1871, p. 14. 

67 Eeport of Commissioners to Revise the Statutes, 1871, p. 15. 

68 Report of Commissioners to Revise the Statutes, 1871, p. 16. 

69 Report of Commissioners to Revise the Statutes, 1871, p. 34. 

70 Report of Commissioners to Revise the Statutes, 1871, p. 20. 

71 Report of Commissioners to Revise the Statutes, 1871, pp. 21-32. 



HISTORY OF TIIU COOKS OF IOWA LAW 185 



and gave a list of all substantial changed and the reasons 
therefor. The title of the first part was changed to "Public 
Law." 72 So, too, some of its subdivisions, such as Titles V, 
IX, and XV, disappear altogether. In writing parts one 
and two Chancellor Hammond stated that it was necessary 
to use only the Code of 1851 and the session laws from 1851 
to 1870, as the Revision of 1860 was of practically no assist- 
ance, owing to its jumbled arrangement.™ 

One of the proposed changes was in chapter three of Title 
I which called for a division of the session laws into two 
series, one containing the general and the other the special 

72 Report of Commissioners to Revise the Statutes, 1871, p. 33. 

73 Report of Commissioners to Revise the Statutes, 1871, pp. 33, 34. 
Chancellor Hammond, in detailing his method of revising the Public and 

Private Law declares : ' ' The First and Second Parts of the Kevision of 1860 
are merely a compilation of such parts of the Code of 1851 as were understood 
to be in force at that time, and the Session Laws of a public nature passed 
between 1851 and 1860. The latter were printed without even the slightest 
verbal changes; and an amending act was usually thrown into the form of a 
subsequent article, without any attempt to arrange the several sections in their 
appropriate places. Even the misprints, errors in punctuation, and other de- 
fects of the session laws, (which were then most carelessly printed,) were re- 
produced with scrupulous fidelity. Conflicting sections were frequently allowed 
to remain, and in a few cases sections were omitted which had not been re- 
pealed. The additional matter was professedly arranged according to the plan 
of the Code; but with so little care as almost to obliterate that plan entirely, 
under the chaos of new subjects introduced by ten years of active legislation. 

1 1 These remarks are made reluctantly, and only to explain and justify the 
course pursued: which was to disregard entirely the changes made by the Ke- 
vision in the plan of the Code of 1851, and to make that Code, in its original 
form, the basis of our work. At first indeed the Eevision was taken as a guide 
by the member of the commission who had these parts in charge, and a con- 
siderable amount of work done in adapting the later laws to its arrangement. 
But so soon as an attempt was made to put a chapter thus arranged into its 
final shape, omitting all the numbers, rubrics, foot-notes, etc.; by which the 
relation of one section to another, and the meaning of both, are there deter- 
mined, the fatal defects of the method adopted became evident. It was seen 
that almost every chapter of the Revision (except those taken without change 
from the Code) would have to be reconstructed, before it would be even in- 
telligible without these extraneous aids. And the easiest way to do this was 
to go back to the Code of 1851, and to construct the present work from that 
Code and the Session Laws of 1851-1870. " 



186 IOWA JOURNAL OF HISTORY AND POLITICS 



laws of the session. 74 The acts in the series of general laws 
were to be numbered consecutively from one session to 
another, the idea being that the acts of two or three sessions 
of the General Assembly could be bound in a single volume, 
and, being numbered consecutively, would form a supple- 
ment to the Code. Thus, according to the author of the 
report, "the statute law of the state may be left unrevised 
for a quarter of a century, with less trouble and confusion 
resulting therefrom than has arisen in ten years of the old 
system, or want of system. m5 

Title III is a new title and is headed "Of the Judicial 
Department. ' ' The organization of the courts, however, is 
not included under this heading, but is left, as formerly, in 
part three. 76 One change which was considered advisable 
was the taking from the Circuit Judge of the power of 
granting licenses to sell liquor and the granting of such 
power to the County Board of Supervisors. 77 

The name of part two has been changed in the proposed 
code from "Of the Eights of Persons" to "Private Law", 78 
but this part has fewer changes in it than have the other 
three. 79 One new section which was proposed, however, 
provided that no vendor should have a lien for unpaid pur- 
chase money after possession had been delivered to the 
vendee, unless it was reserved by an instrument in writing. 80 
Another new section was one exempting the husband from 
liability for torts committed by his wife. 81 

Chairman Seevers had in charge the preparation of the 

74 Beport of Commissioners to Bevise the Statutes, 1871, p. 36. 

75 Beport of Commissioners to Bevise the Statutes, 1871, p. 37. 

76 Beport of Commissioners to Bevise the Statutes, 1871, p. 41. 

77 Beport of Commissioners to Bevise the Statutes, 1871, pp. 56, 57. 

78 Beport of Commissioners to Bevise the Statutes, 1871, p. 61. 

79 Beport of Commissioners to Bevise the Statutes, 1871, pp. 61, 62. 
so Beport of Commissioners to Bevise the Statutes, 1871, pp. 62, 63. 
si Beport of Commissioners to Bevise the Statutes, 1871, p. 67. 



HISTORY OF THE CODES OF JOWA LAW 



187 



Civil Practice Act and although he fjroposed the substitu- 
tion of a considerable number of sections, they nearly al- 
ways tended to greater brevity and clearness than was to be 
found in the original sections in the Revision of 1860. Two 
new sections relating to witnesses were copied from the 
New York Code of Civil Practice. 82 A large number of 
changes are to be found in chapters 161 and 162 which in 
the Revision contained ' ' General Provisions ' ' and sections 
relative to "Compensation of Officers", respectively. 83 

William J. Knight revised part four, which contains the 
Criminal Code. 84 One feature emphasized was the placing 
of a maximum penalty that could be imposed and leaving . 
the minimum punishment discretionary with the court. 85 
A provision was also recommended looking to the bringing 
into court of a corporation on an indictment. 86 

The manuscript copy containing the features above 
enumerated was printed and bound in two large quarto 
sized volumes with blank pages bound between each printed 
page. The code as thus reported was supposed to be in the 
same form as when finished and hence did not contain an 
enacting clause, nor was it reported in the form of a bill. 

The first volume of this proposed code contains part one, 
on "Public Law", and consists of three hundred and 
twenty-three printed pages. The second volume contains 
parts two, three, and four, and in other respects is similar 
to volume one. 87 

82 Report of Commissioners to Revise the Statutes, 1871, pp. 136, 137. 

Many other new sections are also to be found in part three, but it would be 
impossible in an article of this character to state the new provisions introduced 
by the Code Commissioners. It is aimed to give only some of the most striking 
examples by way of illustration. 

83 Report of Commissioners to Revise the Statutes, 1871, pp. 139-142. 

84 Report of Commissioners to Revise the Statutes, 1871, p. 3. 

85 Report of Commissioners to Revise the Statutes, 1871, pp. 143, 145. 

86 Report of Commissioners to Revise the Statutes, 1871, Sec. 4672 a, p. 158. 

87 Part two comprises seventy-eight printed pages ; part three, one hundred 
and seventy-four; and part four, one hundred and forty- three. 



188 IOWA JOURNAL OF HISTORY AND POLITICS 



There appears to have been very little criticism of the 
report or of the draft of the code accompanying it. One 
interesting review of the work, however, is not especially 
friendly, since it contains the following adverse criticism of 
the method of arrangement : 

Without attempting to pass upon the work, which is not yet 
finished, we may express our satisfaction that it is in able hands. 
The portion of the code before us is the work of Mr. William E. [G.] 
Hammond, now a professor in the Iowa City Law School, and 
formerly editor of the Western Jurist, to which he contributed 
some criticisms of unusual excellence. If our respect for the authors 
of the report was less, we should less regret their avowed empiricism 
and distrust of philosophical methods of arrangement. In such a 
fragmentary work as a collection of statutes, it may be well enough 
to be ■ 1 governed by the practical convenience of those who use the 
volume, rather than by any so-called scientific rules." But we 
regret what seems to us an ill-judged sneer at "the elaborate the- 
ories which have been devised 'out of the depths of their own con- 
sciousness,' or borrowed from foreign jurisprudence, by recent 
writers on classification." The most educated American lawyers 
are those, we believe, who would be slowest to adopt this tone. We 
must reiterate our profound conviction that the methods which are 
commonly called practical are in truth the most unpractical and 
destructive of sound legal thinking. 88 

LEGISLATIVE ACTION ON THE PEOPOSED CODE 

The Fourteenth General Assembly convened on the 
eighth of January, 1872. 89 Two days later Governor 
Samuel Merrill in his message to the legislature declared : 

The report of the commission has been printed and transmitted to 
the members elect of the Fourteenth General Assembly. You have 
therefore been enabled to examine the recommendations of the Com- 
missioners, with their reasons therefor. To the changes they pro- 
pose, your experience will doubtless enable you to add others. I 

ss This review is found on two printed pages and appears to have been taken 
from some professional journal or magazine. It is found in the Hammond 
Collection in The State Historical Society of Iowa, in a Scrap Book, p. 26. 

so House Journal, 1872, p. 3. 



HISTORY OF TIIK CODKS OF IOWA LAW 189 



endorse in the main the recommendations of the report, and sin- 
cerely hope that the code recommended, with such amendments as 
the General Assembly may see fit to make, will soon become the law 
of the State. 00 

The Governor also appeared to be very much interested 
in the Criminal Code and endorsed the suggestions of the 
Commissioners relative to abolishing the grand jury, de- 
claring that "the grand jury is a costly and useless relic of 
by-gone days," and "its abolition will work no detriment 
whatever to the cause of justice." 91 

Governor Cyrus C. Carpenter in his inaugural address 
also called attention to the report of the Codifying Com- 
mission, declaring it to be the mature work of distinguished 
lawyers and that its adoption would "tend to round out and 
perfect our code of laws." 92 

On January 15, 1872, Mr. Frederick 'Donnell of Dubuque 
offered a resolution calling for the appointment of a joint 
committee, three from the House and two from the Senate, 
whose duty it should be "to present a bill for the adoption 
of the Code recommended by the Commissioners to Eevise 
the Laws." 93 The above resolution was not adopted, but 
on the following day the Senate passed a concurrent reso- 
lution, offered by Senator James S. Hurley of Wapello, 
calling for the appointment of a joint committee of five 
from each house, with duties similar to those provided for 
in the defeated House resolution. 94 After two unsuccessful 

so Shambaugh 's Messages and Proclamations of the Governors of Iowa, Vol. 
Ill, p. 374. 

91 It would be interesting to know exactly to what Governor Merrill referred, 
for the proposed code does not contain any sections looking toward the aboli- 
tion of the grand jury. On the other hand it specifically provides for the 
grand jury. — Chapter 196. Nor does the report appear to contain any sug- 
gestion looking toward the abolishment of the grand jury. 

92 House Journal, 1872, p. 67. 

93 Bouse Journal, 1872, p. 75. 

94 Senate Journal, 1872, p. 30. 



190 IOWA JOURNAL OF HISTORY AND POLITICS 

attempts to amend, this resolution was adopted in the Sen- 
ate and on the day following, January 17, 1872, it passed 
the House. 95 Senators James S. Hurley, William Larrabee, 
Charles Beardsley, John P. West, and Samuel H. Fairall 
were appointed from the Senate, 96 and Eepresentatives 
John H. Gear, John A. Kasson, Henry 0. Pratt, Cicero 
Close, and Frank T. Campbell from the House. 97 On Janu- 
ary 20th this committee reported a concurrent resolution to 
the Senate recommending that one thousand copies of parts 
one and two of the manuscript copy of the proposed code be 
printed, 600 for the use of the House, 300 for the use of the 
Senate, and one hundred for the use of the Code Commis- 
sioners. 98 This resolution was adopted by both houses. 99 

Mr. George Paul of Iowa City in the House of Eepre- 
sentatives offered a resolution authorizing William G. 
Hammond to superintend the publication of parts one and 
two, but the resolution was not adopted. 100 However, a 
Senate concurrent resolution, offered by Mr. James Hurley, 
which requested the commissioners to superintend the 
printing of their report, was adopted. 101 

On January 22nd Senator Charles Beardsley of Burling- 
ton offered a resolution inviting the Code Commission to 
seats on the floor of the two houses during the consideration 
of the report. 102 After being referred to the Joint Com- 
mittee on the Eevision of the Statutes, the resolution was 
adopted by both the House and the Senate. 103 

95 House Journal, 1872, p. 95. 

96 Senate Journal, 1872, p. 44. 

97 House Journal, 1872, p. 102. 

98 Senate Journal, 1872, p. 51. 

99 House Journal, 1872, p. 113. 

100 House Journal, 1872, pp. 157, 158. 

101 Senate Journal, 1872, p. 101; see also House Journal, 1872, p. 176. 

102 Senate Journal, 1872, pp. 54, 55. 

103 Senate Journal, 1872, p. 73; see also House Journal, 1872, p. 139. 



HISTORY OF THE CODES OF IOWA LAW 



191 



The Joint Committee on the Revision of the Statutes, 
which was appointed to report the best method of consider- 
ing the report of the Commissioners reported on January 
24th by offering a concurrent resolution which provided 
for dividing the report among the various committees of 
the two houses. 104 When any part of the proposed code 
came on for consideration the committees of the two houses 
should consider it jointly, and after consideration report to 
their respective houses through a Joint Committee of Re- 
vision, which should be composed of five members from 
each house. This report was adopted six days later, on 
January 30, 1872, by the Senate, 105 but no action seems to 
have been taken thereon in the House. 

On February 19th Mr. John Duncombe of Fort Dodge 
offered a resolution in the House providing for the con- 
sideration of the Code every day at 2 :30 P. M. in Committee 
of the Whole, and detailing the manner of considering the 
same. 106 After some discussion it was adopted. Senator 
Charles Beardsley had previously introduced a resolution 
in the Senate on January 26th, providing that that body 
should make the consideration of the Code a special order 
on and after February 19, 1872, which had been adopted. 107 
When the nineteenth of February was reached, however, 
Senator Samuel H. Fairall introduced in the Senate the 
identical resolution that Mr. John F. Duncombe had intro- 
duced into the House, 108 and the same was adopted two 
days later. 109 It appears that this special order was ob- 
served for some time in the consideration of the reports. 110 

104 Senate Journal, 1872, pp. 72, 73. 
los Senate Journal, 1872, p. 108. 
ice House Journal, 1872, pp. 216, 217. 
107 Senate Journal, 1872, p. 81. 
los Senate Journal, 1872, p. 151. 
loo Senate Journal, 1872, p. 165. 
no Senate Journal, 1872, p. 188. 



192 IOWA JOURNAL OF HISTORY AND POLITICS 



During a part of this discussion the legislature ordered 
two hundred copies of the unbound statutes reported by the 
codifying Commissioners to be interleaved with blank pages 
and bound for the use of the members of the General As- 
sembly. 111 

On the 28th of February a new method of handling the 
proposed Code was suggested to the Senate by a resolution 
introduced by Senator Samuel McNutt of Muscatine. 112 It 
provided that after the 29th of February each chapter the 
contents of which contained a separate subject should be 
considered as a bill, "and numbered code bill No. 1, No. 2, 
and so on." Senator Robert Lowry of Davenport also 
proposed that no member be allowed to talk longer than 
five minutes while in Committee of the Whole on the re- 
vision of the statutes. 113 On the same date, in the House, 
Mr. Henry 0. Pratt of Charles City introduced a resolution 
calling on the State Printer "to furnish to the General 
Assembly fifty pages per day of the laws as reported by 
Code Commissioners, and if he cannot furnish the quantity 
named herein to report why he cannot do so." 114 After 
passing the House this resolution was referred to the Ju- 
diciary Committee in the Senate and seems never to have 
been reported back to that body. 115 

On the last day of February Senator J ames S. Hurley of 
Wapello, the chairman of the Senate Judiciary Committee, 
offered a concurrent resolution providing for the printing 
of two hundred copies of parts three and four of the re- 
vised statutes, which was adopted by both houses. 116 All 

in Senate Journal, 1872, pp. 160, 164; see also Bouse Journal, 1872, pp. 234, 
245, 269. 

112 Senate Journal, 1872, p. 210. 
us Senate Journal, 1872, p. 211. 
n4 Bouse Journal, 1872, p. 306. 

us Bouse Journal, 1872, p. 306; see also Senate Journal, 1872, pp. 219, 223. 
us Senate Journal, 1872, p. 218; see also Bouse Journal, 1872, p. 313. 



HISTORY OF THE CODES OF IOWA LAW \<):> 

the parts were interleaved with blank pages and these, when 
bound, formed the proposed code described above. 117 

On reading the journals of the two houses one is sur- 
prised to find so many plans proposed to consider the report 
of the Code Commissioners. It appears that no sooner had 
one plan been settled upon until another was adopted in its 
stead. By the sixth of March the House had only reached 
part three in its deliberations, 118 and on the next day 
Mr. Henry 0. Pratt of Charles City offered the following 
resolution : 

Resolved by the General Assembly of the State of loiva, That it 
will adopt and pass the new Code, as reported by the Code Com- - 
missioners, without including therein the amendments thereto re- 
ported and recommended by said Commissioners. And that the 
Judiciary Committees of the Senate and House of Representatives 
are hereby constituted a joint committee of the two houses, and are 
hereby instructed to prepare and report the necessary bill, or bills, 
to pass and enact said new Code. And, 

Be it further resolved, That the amendments reported and recom- 
mended to said Code by said Commissioners, in their printed report, 
be made the subject of separate bills, with a view to have the same 
afterwards incorporated into the body of said Code in their appro- 
priate places. 119 

J This resolution was considered on the following day, 

while a similar resolution was indefinitely postponed. 120 

One of the most important steps taken by the legislature 
in connection with the proposed code took place in the 
Senate on March 5th, when Senator Samuel Fairall intro- 
duced the following concurrent resolution : 

That on the 27th day of March at 11 o'clock, A. M., this General 
Assembly do adjourn to meet again on the first Tuesday of Febru- 
ary, 1873, at 10 o'clock A. M. to consider and act upon the report 

117 See note 87 above, 
us House Journal, 1872, p. 372. 
H9 House Journal, 1872, p. 373. 
120 House Journal, 1872, p. 387. 

VOL. XI — 13 



! 



194 IOWA JOURNAL OF HISTORY AND POLITICS 



of the commission to revise the statutes, and upon the statutes as 
rewritten and arranged by the commissioners. 

That said adjourned session be held for a time not exceeding 30 
days, and that no bills be received or considered except such as per- 
tain to the business of said session as above indicated, and to the 
appropriations to defray the expenses of such session and the pub- 
lication of the code. 121 

This resolution caused considerable comment and Sena- 
tor Samuel McNutt immediately proposed a substitute, 
providing that after certain dates no new bills or other 
general legislation should be considered. 122 Senator J ohn 
Y. Stone of Grlenwood also introduced a resolution which 
was referred to the Special Committee on Eevision, de- 
claring it to be the desire of the General Assembly ' 1 that 
the revision of the code made by the commissioners should 
be approved and adopted, and that said commissioners 
should be continued to incorporate into the same the acts 
of this session, under the same rules and instructions under 
which they acted in making said revision." 123 Senators 
Martin Eead of Corydon and Frank T. Campbell of Newton 
also offered resolutions providing for the procedure of the 
Senate and the consideration of the Code. 124 On March 
6th Senator Samuel Fairall again introduced a resolution 
making the commissioner's report the special order every 
day at 11 o'clock after March 7th. 125 This, also, was re- 
ferred to the committee on revision. Later in the day 
Senator Charles Beardsley of Burlington introduced in the 
Senate, where it was adopted, a resolution similar to the 
one offered by Mr. Henry 0. Pratt in the House. 126 

121 Senate Journal, 1872, p. 243. 

122 Senate Journal, 1872, p. 243. 

123 Senate Journal, 1872, p. 244. 

124 Senate Journal, 1872, p. 244. 

125 Senate Journal, 1872, p. 257. 

126 Senate Journal, 1872, p. 263; see also note 119, above. 



HISTORY OP THE CODES OF IOWA LAW 195 



By March 20th the Senate had reached the point where it 
passed a resolution ordering its standing committees to re- 
port to the Senate their action on the sections of the Code 
referred to it. 127 On April 8th the Senate commenced the 
consideration of the ' ' code series" provided for in a pre- 
vious resolution. Twelve of these bills were passed before 
the close of the day, the last one being a bill concerning 
education. 128 

On the following day, April 9th, Senator George M. Max- 
well of Iowa Center offered a resolution declaring : ' ' That 
in the opinion of the Senate, the code cannot be properly 
considered at this session; and therefore it is our duty to - 
close the general legislation and recommit the code to the 
commissioners under a law to be passed by this General 
Assembly." 129 Senator Benjamin F. Murray of Winterset 
offered a substitute fixing a day of adjournment and the 
date of meeting of the adjourned session. The substitute 
prevailed over the original motion, but on the vote on the 
resolution as amended it was defeated. 130 

Mr. John Beresheim of Council Bluffs offered in the 
House on April 10th what was perhaps the most important 
resolution of the session relative to the Code, when he pro- 
posed a concurrent resolution calling for adjournment on 
April 16, 1872, and the assembling in adjourned session in 
February, 1873, at which time nothing but the proposed 
code was to be considered. 131 The reasons for this move, 
as stated in the preamble, were four in number. It seems 
that the State Printer had not furnished part one to the 
members of the General Assembly until a late date, that the 
time had been too short to make a thorough examination, 

127 Senate Journal, 1872, p. 368. 

128 Senate Journal, 1872, pp. 509-514. 

129 Senate Journal, 1872, p. 527. 

iso Senate Journal, 1872, pp. 528, 529. 
i3i House Journal, 1872, pp. 664, 665. 



196 IOWA JOURNAL OF HISTORY AND POLITICS 



that numerous mistakes had been made in the printed bills, 
and that the Commissioners needed more time to perfect 
the work. Consequently, "in order to enable a more thor- 
ough examination by the Commissioners, and to provide 
for the incorporation of the laws of the present session into 
the Code," the resolution to meet in adjourned session was 
introduced. 132 

After a great amount of legislative sparring the resolu- 
tion passed the House with an amendment as to date of 
adjournment, and was transmitted to the Senate. 133 Sena- 
tor Benjamin F. Murray proposed to have a joint com- 
mittee take the place of the Code Commissioners in 
examining the report during the recess of the legislature, 134 
but this amendment was declared out of order. Upon being- 
voted upon for engrossment it failed of passage, but on the 
following day, on April 12th, the bill was, on motion of 
Senator William Larrabee, reconsidered and passed. 135 

On April 17, 1872, Senator James S. Hurley from the 
Committee on the Judiciary reported Senate File No. 271, 
which was "a bill for an act providing for the revision and 
amendment of the statutes by a commission' '. 136 When this 
bill was considered two days later the old commission, con- 
sisting of Seevers, Knight, and Hammond, was reappoint- 
ed and instructed to prepare the Code in the form of bills 
ready for passage. 137 The bill with a slight amendment 
passed the House by a vote of 67 to 2. 138 

132 House Journal, 1872, p. 664. 

133 House Journal, 1872, pp. 669-672. 

134 Senate Journal, 1872, p. 552. Senator Murray's resolution called for a 
joint committee composed of Senators James S. Hurley, Joseph W. Havens, 
and Samuel H. Fairall, and Eepresentatives Henry O. Pratt, Benton J. Hall, 
and William C. Evans. 

135 Senate Journal, 1872, pp. 555-557, 565, 566. 

136 Senate Journal, 1872, p. 610. 

137 Senate Journal, 1872, pp. 661, 662. 
is8 House Journal, 1872, p. 861. 



HISTORY OF THE CODES OF IOWA LAW 197 



Just before adjourning the Senate passed a concurrent 
resolution providing for the distribution to each county 
auditor of two copies of parts one and two of the code as 
prepared by the codifying Commissioners. 139 On the same 
day Mr. James Wilson of Buckingham while reviewing in 
the course of his farewell speech the labors of the session, 
commented on the proposed Code as follows : 

We have had a new revision of the laws before us and in our 
committees much of the session, which has prolonged its duration, 
but its magnitude and importance required more time than could be 
given it while the usual session work demanded our attention, which 
work we find increases as the State grows in population, and her 
varied industries expand. 140 

It is, indeed, very difficult to trace with any degree of 
clearness the legislative action on the Code during the ses- 
sion of 1872. 141 The General Assembly met on January 
8th and adjourned on April 23rd, and in this period of 
nearly four months the members seemed at a loss to decide 
upon the proper method of considering the proposed Code. 
Strong leaders were in both houses — some of the strongest 
men who ever held seats in the legislature of Iowa — and 
the Code was prepared by able and distinguished men, yet 
at the close of the session very little had really been ac- 
complished. 142 It served, however, to emphasize three 

139 Senate Journal, 1872, p. 737. 

140 House Journal, 1872, p. 911. 

141 A bill having a bearing on the proposed code but not considered in the 
paper was House File No. 289, < < A bill for an act to provide for the publica- 
tion of such laws as the Census Board may direct, in newspapers, and prohibit- 
ing the publication at public expense of the new code, and certain local laws." 
— House Journal, 1872, pp. 339, 624. A list of amendments to the Bevision 
of 1860 may be found in House Journal, 1872, pp. 993-995, and in the Senate 
Journal, 1872, pp. 800-802. 

142 Some of the leading men at this session of the General Assembly were 
James Wilson, John H. Gear, John P. Irish, John A. Kasson, and John F. Dun- 
combe in the House; and William Larrabee, John Y. Stone, and Samuel H. 
Fairall in the Senate. 



198 IOWA JOURNAL OF HISTORY AND POLITICS 



facts : that in creating a code of statutory law sufficient time 
is an important element in its preparation, that it can be 
best considered at a session where it will be the only ques- 
tion to be discussed, and that the directions to the compilers 
should be definite and at the same time comprehensive. 143 

Senate File No. 271, which was approved on the last day 
of the session, was similar to the act creating the Code 
Commission in 1870. The same men were re-appointed 
and instructed "to revise the statutes, including those of 
the present session, and prepare a compilation thereof, with 
such amendments thereto, as they deem proper". The act 
further provided that the Code should be prepared in the 
form of bills with the amendments in different kind of type 
from the existing law. Four hundred copies of these bills 
were to be printed and sent to the members of the legisla- 
ture. The Commissioners were also given the privilege of 
printing "brief explanations of their recommendations, 
which shall accompany the bills by them prepared." 144 

The legislature was criticised by the press in no unlimited 
degree during this session and the criticism proved to be 
both friendly and otherwise in regard to its action on the 
Code. The Burlington Weekly Hawk-Eye of January 25, 
1872, describes the reception of the report and manuscript 
Code and the action taken thereon. 145 An excellent sum- 
mary of the legislative action is also to be found in this 
paper on March 14th. It declares that : 

143 The law creating the Commission of 1872 was in many respects sufficiently 
definite and comprehensive. It seems, however, that it could have been so 
worded that the Commissioners would not have had any doubts whatever as to 
their powers. The Code Commission of 1896 in its report declares that the 
Commission in 1872 prepared its report "with a somewhat restricted view of 
its powers" and that it "was to some extent unsatisfactory". — p. 2. This 
evidently would have been avoided had the Commission of 1872 been given 
specific directions and an ample amount of time. 

144 Laws of Iowa, 1872 (Private), pp. 106, 107. 

145 Burlington Weekly Hawk-Eye, Thursday, January 25, 1872, 3rd col. p. 4. 



HISTORY OP THE CODES OF IOWA LAW 199 



The Legislature has been in session nearly two months. The work 
done in that time does not make a large showing. A United States 
Senator was elected — that took the better part of two weeks. In 
about ten days or two weeks thereafter a recess was taken, which 
consumed nearly two weeks more. Since coming together after the 
recess three weeks more have elapsed, and the real work of the ses- 
sion still remains to be done. 

Your readers must not understand that the members have been 
idle, or that they are less intelligent or less industrious than their 
predecessors. About the usual number of bills have been intro- 
duced — something over one hundred and fifty in the Senate and 
about one hundred more in the House. The larger part of these 
bills have been considered in committee, and have necessarily in- 
volved a good deal of labor. A good many local bills have been 
passed — such as legalizing the illegal and informal acts of notary 
publics, school officers, and various corporations. The bills of gen- 
eral importance which have become laws may be counted on the 
fingers of one of your hands. The appropriation bills, the bills pro- 
posing to regulate railroad tariffs and railroad taxation, and various 
other general subjects, although some of them have received some 
attention in committee, nearly all remain to be considered by the two 
houses. The present indications are that these important matters 
will have to be gone through with hastily, or the session will be 
prolonged beyond the middle of April. 

It was felt at the beginning of the session that the consideration 
of the Revision of 1860, as proposed by the Code Commissioners, 
would be a work of great magnitude, and one that would tax the 
energy and resources of the members to get through in a reasonable 
time and in a reasonably satisfactory manner. So at an early day 
a committee was appointed to devise the best plan for taking up and 
accomplishing that work. The Revision of the Commissioners was 
still in manuscript, their printed "report" being only an account 
of what they had done, and their manner of doing it, together with 
the few amendments proposed and the reasons therefor. The com- 
mittee on revision decided that the first thing to be done was to put 
the manuscript in type, and parts one and two were placed in the 
hands of the State Printer. It was further decided that, when 
printed, the various Titles and Chapters should be referred to ap- 
propriate standing committees of the two Houses. The major 
portion going to the Judiciary, who were to meet in joint sessions. 



200 IOWA JOURNAL OF HISTORY AND POLITICS 



Then there was to be a standing joint committee of the two Houses 
on revision, through whom all the other standing committees were 
to report to their respective Houses. This was the plan agreed upon 
reported and adopted. 

So much was done before the recess. After re-assembling, the 
committees were a little slow in taking hold of the work assigned 
them, and in an evil hour a different plan for considering the Code 
was submitted and approved. This was for the respective houses 
to go into the committee of the whole, and take up and consider the 
recommendations of the commissioners as found in their printed 
" report. " The first thing considered were those parts of the old 
Code, or rather the recommendations of the commissioners in rela- 
tion to such parts as were marked "obsolete," "omitted," and 
"superseded." With scarcely any examination or verification, the 
work of the commissioners on these points was pronounced all right ! 
Then came the proposed amendments. Two or three hours each day 
for a week have been spent by either house under this head, the 
respective bodies sitting in committee of the whole. The progress 
made has been very slow and very unsatisfactory. Nothing has 
been completed — and really nothing done, for the whole work will 
have to be gone over again when the same matters come to be finally 
acted on in the two houses. 

It is now pretty evident to every one that the plan first proposed 
was the best, and that it will have to be returned to, if the Code is 
put into shape this session. A very large part of the work can be 
done much better as well as much more expeditiously by small com- 
mittees, than by a committee of the whole house. And it would 
seem that one of two things will have to be agreed upon without 
much delay : either some rational and practical method of consider- 
ing the code will have to be adopted and vigorously worked up to, 
or all idea of completing the work at this session (if adjournment 
is to take place at the usual time) will have to be abandoned. A few 
days will probably decide the matter. 146 

A few days before the close of the legislative session, 
"X.", the correspondent to a Burlington paper, in writing 
of the determination to adjourn, declared that such an act 
would be greeted with dissatisfaction by the people of the 
State. He further declared that had the original plan of 

Burlington Weekly Hmvlc-Eye, Thursday, March 14, 1872, p. 6. 



C 



HISTORY OF THE CODES OP IOWA LAW 



201 



considering' the Code been adhered to it could have been 
completed. 147 The Dubuque Weekly Times was also very 
much opposed to an extra or adjourned session and urged 
the legislature not to call one, but to recommit the Code to 
the Commissioners with instructions to report at the next 
regular session of the General Assembly. 148 

Mr. John P. Irish of Iowa City, editor of the Daily Press, 
wrote from Des Moines on February 19, 1872, as follows : 

So closes the week with but little work done. The people may 
well be astonished at the small results of the session thus far. There 
is a reason for this however that is not disreputable. The revision 
of the code is an immense work. The Commissioners, of whom our 
Prof. Hammond is one, have made an elaborate report, character- 
ized by great ability and sound common sense. This report has to 
be traversed and each title, chapter and section enacted into a law. 
Nearly every matter of general legislation to be acted upon this 
winter is necessarily a part of this code. As for instance the pro- 
posed amendments to the revenue law changing penalties on de- 
linquent taxes and the method of securing title to delinquent lands. 
The problem is whether we will wait until we are considering the 
report of the Code Commissioners, will wait until we reach the 
chapter on revenue, and therein insert the amendment, or whether 
we will go on and adopt the entire report of the commissioners, the 
same as any other law, then proceed with our legislation as usual, 
and at the end of the session authorize the same Code Commissioners 
to take the statutes which we pass this winter and incorporate them 
in their proper place in the Code, and then publish the whole as the 
' ' Code of 1872. ' ' No matter which way we approach the question it 
is full of difficulty. The Judiciary Committees are considering the 
matter and we will soon have it in shape. 149 

1*7 Burlington Weekly Hawkeye, Thursday, April 18, 1872, p. 1. 

148 The Dubuque Weekly Times, Vol. XX, No. 11, Wednesday, March 13, 
1872, p. 1, col. 1. 

149 Daily Press (Iowa City), Monday, February 19, 1872. 

Another paper, in giving the news of the legislature remarked: "The new 
Code will undoubtedly be allowed to go over to the session two years hence. 
Or perhaps an extra session may be called next winter, to consider the Code. It 
would no doubt take at least three months to perfect the new Code." — The 
Clinton Age, Vol. IV, No. 47, Friday, March 8, 1872. 



202 IOWA JOURNAL OF HISTORY AND POLITICS 



Despite the fact that the Code failed of passage in the 
regular session of the Fourteenth General Assembly, much 
important general legislation was enacted. 150 Some of the 
more important acts provided for the taxation of railway 
property, 151 for the levy of a tax for the building of libra- 
ries, 152 for the abolishment of capital punishment, 153 for 
the improvement of the State Library, 154 for the inspection 
of coal mines, 155 for the building of a new penitentiary 156 
and for water-works in cities. 157 All these, and many other 
laws passed at this session were delivered to the Code Com- 
mission to incorporate into the bills they were ordered to 
report by January 1, 1873. 158 

THE SECOND KEPORT OF THE COMMISSION 

The second code proposed by the Commissioners was 
reported by titles, each one of which was printed as a legis- 
lative bill ready for enactment by the General Assembly. 159 
At the end of each section is a citation showing from what 
act the section was taken, and in some instances, there are 
explanatory notes of the sections of the proposed work. 
One of the changes to be noted in part one is the creation of 
an Executive Council to take the place of the Census 
Board. 160 In Title IV the law in regard to libraries has 

150 See Proceedings, Pioneer Law-Makers Association of Iowa, 1894, p. 85. 

151 Laws of Iowa, 1872 (Public), Ch. 26, pp. 29-32. 

152 Laws of Iowa, 1872 (Public), Ch. 17, pp. 18, 19. 

153 Laws of Iowa, 1872 (Public), Ch. 136, pp. 139, 140. 

154 Laws of Iowa, 1872 (Public), Ch. 92, pp. 98-100. 

155 Laws of Iowa, 1872 (Public), Ch. 44, pp. 53, 54. 

156 Laws of Iowa, 1872 (Public), Ch. 43, pp. 49-52, also Ch. 108, pp. Ill, 112. 

157 Laws of Iowa, 1872 (Public), Ch. 78, pp. 80-82. 

158 Laws of Iowa, 1872 (Private), Ch. 97, Sees. 1-3, p. 106. 

159 In citing the second work prepared by the Code Commissioners it will be 
called, Proposed Code, 1873, in order to distinguish it from the Code of 1873. 
The exact title of the Proposed Code, 1873, is The Code of Iowa, which might 
in some instances be confusing. 

160 Proposed Code, 1873, Title II, pp. 16, 17. 



HISTORY OF THE CODES OF IOWA LAW 203 



been rewritten to a considerable extent, 101 and'in Title V a 
new form of oath was proposed for all civil officers. 10 ' 2 A 
considerable number of changes are to be found in part 
two, which relates to private law. 103 

One of the most important changes in this part was chap- 
ter eleven on "Easements in Real Estate", which was taken 
from a statute passed by the Rhode Island legislature a 
short time before and which had been enacted prior to that 
time in Massachusetts. 104 All changes or amendments were 
printed in italics and it was thus made very easy to deter- 
mine what was existing law and what was the work of the 
Commissioners. 105 

Owing to the preparation of the titles as separate bills 
the paging of this proposed code is not consecutive, but 
each bill is paged separately. There are, in all, twenty-six 
titles in the proposed work and it makes, when bound to- 
gether, a large quarto-sized book. 100 

LEGISLATIVE ACTION AT THE ADJOUKNED SESSION 

The adjourned session of the legislature was to meet on 
the third Wednesday of January, 1873. 107 From some quar- 
ters there appears to have been some opposition to such an 
adjourned session and in commenting thereon the editor of 
The Dubuque Weekly Times urged that there be an imme- 
diate adjournment and that the Code Commissioners be 

161 Proposed Code, 1873, Title IV, p. 22. 

162 Proposed Code, 1873, Title V, p. 11. 

163 As has been noted elsewhere in this paper, part two of the Bevision of 
1860 was not codified, but an attempt was made simply to arrange the existing 
laws. — Bevision of 1860, Preface, p. iv. 

164 Proposed Code, 1873, Title XIII, p. 15. 

165 Laws of Iowa, 1872 (Private), p. 106. 

lee The volume of the Proposed Code, 1873, used by the writer has the follow- 
ing inscription on the fly-leaf: " Presented to the State Historical Society at 
Iowa City, March 5th, 1873, by Wm. G. Hammond, one of the Commissioners 
for the Eevision of the Statutes". 

167 Laws of Iowa, 1872 (Private), p. 130. 



204 IOWA JOURNAL OF HISTORY AND POLITICS 

allowed still another year in which to consider their report. 
This suggestion was made because the cost of the adjourned 
session would be, according to the writer, between forty and 
fifty thousand dollars, which would be a hard drain on the 
State treasury at that particular time. 168 After the legis- 
lature met the same paper declared that ' ' they will, [the 
legislature] we venture to predict, find in the Code an im- 
portant work well done, and in a shape that will demand 
little revision. Since it appears that the General Assembly 
are not disposed to adjourn at once and go home, leaving 
this work till the next regular session, let it dispose of the 
code promptly, during long daily sessions well filled with 
hard work in which buncombe has no share, and adjourn as 
soon as they can and do well the duties devolving upon 
them.' ' 169 

On January 15, 1873, the Fourteenth General Assembly 
met in adjourned session and immediately began the con- 
sideration of the Code. 170 Mr. John A. Kasson, in the 
House, offered a resolution which contained six rules out- 
lining the methods to be pursued in considering the Code. 171 
This was referred to a select committee of the chairmen of 
the different standing committees of the House, who re- 
ported the resolution back on the following day with the 
recommendation that it pass. 172 Shortly afterwards, how- 
ever, a concurrent resolution was received from the Senate 
providing that one house should consider all the even num- 
bered titles and the other house the odd numbered titles and 
that neither house should consider bills submitted to the 

168 The Dubuque Weekly Times, Vol. XXI, No. 52, Wednesday, January 1, 
1873. 

169 The Dubuque Weekly Times, Vol. XXI, No. 3, Wednesday, January 22, 
1873. 

170 House Journal, 1873, p. 3. 

171 House Journal, 1873, p. 4. 

172 House Journal, 1873, p. 5; see also p. 6. 



HISTORY OF THE CODES OK IOWA LAW 205 



other house, until such other house had finished its consider- 
ation and committed it to the opposite branch of the legis- 
lature. 173 This plan appeared to meet with favor, as the 
resolution was accepted by both houses. 174 

On the opening day in the Senate a committee, consisting 
of Senators Charles Beardsley and John J. Eussell, was 
appointed to ascertain the condition of the work of the Code 
Commission — how much had been completed and the por- 
tion yet remaining to be done. 175 Their report on the fol- 
lowing day showed that one title was yet in the hands of the 
Commission and that the remainder had been printed or was 
in the hands of the printer. 176 

During the latter part of January a Senate concurrent 
resolution was introduced providing for the appointment of 
a committee of five to provide for the publication of the 
Code. 177 From the Senate there were appointed Senators 
James S. Hurley and Samuel H. Fairall. Eepresentatives 
John W. Green, George Paul, and John A. Kasson were 
appointed from the House. 178 A joint resolution adopted 
at about the same time provided that no acts of the ad- 
journed session should be made a part of the Code unless 
an act to that effect were subsequently passed. 179 

In commenting upon the joint committee above mentioned 
a prominent newspaper remarked : 

173 House Journal, 1873, p. 9. See also Senate Journal, 1873, p. 14. A list of 
the bills introduced in both houses relating to the revised statutes may be 
found in the House Journal, 1873, p. 7, and also on pp. 40, 41, 294-296, 302, 
303; and in the Senate Journal, 1873, pp. 4, 6-8, 357, 358, 364-367. A com- 
plete list of amendments made by the General Assembly to the report of the 
Code Commissioners may be found in House Journal, 1873, pp. 221-288. 

174 House Journal, 1873, p. 10; see also Senate Journal, 1873, p. 16. 

175 Senate Journal, 1873, p. 8. See also p. 9. 

176 Senate Journal, 1873, p. 11. 

177 Senate Journal, 1873, pp. 53, 71; House Journal, 1873, pp. 42, 45. 

178 Senate Journal, 1873, p. 75; House Journal, 1873, p. 49. 

179 Senate Journal, 1873, pp. 64, 65, 68, 71; House Journal, 1873, pp. 40, 41. 



206 IOWA JOURNAL OF HISTORY AND POLITICS 



The committee appointed to prepare a bill for printing the Code, 
have one drafted, and it will probably be presented in a day or two. 
It is expected that Judge Wm. H. Seevers, of Oskaloosa, one of the 
Commissioners will be selected to edit the work and superintend the 
printing. The Code as now prepared will be somewhat smaller than 
the Revision of 1860, the laws being a good deal condensed, and 
much unnecessary matter that finds a place in the old, being left 
out in the new. Should the work be done by the State Printer and 
Binder, as the bill spoken of proposes, it can be completed and 
ready for distribution, two or three months before the time that 
it is to go into operation, which is fixed at September first. 180 

During the adjourned session the legislature appears to 
have exhibited a great deal of energy and ability in its con- 
sideration of the Code and to have labored hard to complete 
it in the shortest practicable period. 181 In the House Mr. 
John A. Kasson appears to have taken a leading part, being 
chairman of the Committee of the Whole House; 182 while 
Mr. James S. Hurley in the Senate, chairman of the 
Judiciary Committee, was foremost in pushing the work in 
the upper house. The press almost without exception de- 
scribed the legislature as a hard-working body and a cor- 
respondent to The Dubuque Weekly Times declared that 
the " venerable and somewhat noisy gassers have settled 
down to a season of silence !" 183 The editor of the same 
paper in a later number informed his readers that "the 

iso Burlington Weekly Hawk-Eye, Thursday, February 6, 1873. 

isi In speaking of the work on the Code, Mr. John P. Irish writes : ' 1 It is 
hard to hold the Houses to the dull work of codifying. There are no ' field 
days ' as of old, and the lobbies are either entirely vacant or peppered only by a 
few bored and drowsy spectators. Daily Press (Iowa City), February 1, 
1873. Despite this statement a large amount of work was accomplished daily, 
as a reading of the journals of the two houses will clearly show. 

182 On the last day of the session the House of Eepresentatives adopted the 
following resolution: "That we tender to Hon. J. A. Kasson our thanks, for 
his kind and efficient labors as chairman of committee of the whole. ' ' — House 
Journal, 1873, p. 217. 

183 The Dubuque Weekly Times, Vol. XXI, No. 3, Wednesday, January 22, 
1873. 



HISTORY OF THE CODES OP IOWA LAW 207 



legislative work of codifying the laws goes on with an in- 
dustry and success that seems sure in its promise that at 
the end of thirty days the session will come to the close 
intended.'' 184 

Honorable John P. Irish declared that * ' the work on the 
Code progresses and attracts but little notice. Public at- 
tention is largely focussed upon the Rankin investigation 
and the attempt to force the State institutions to pay back 
into the treasury a moiety of their appropriations." 185 
While the legislature was considering part three the same 
editor wrote as follows : 

The Legislature is now working on the practice part of the code 
and the lawyers are shooting demurrers, certioraris, suppoenos, 
procedendos, and other Latin litter at each other in a way to con- 
fuse us laymen. 186 

During the last day of the session a joint resolution was 
passed which excluded all private and temporary acts from 
the Code. 187 Previously, however, on the 8th of February, 
Senator James S. Hurley from the select committee had 
reported a bill providing for the publication of the Code. 188 
After being considered, ten days later, the bill appears to 
have been dropped and House File No. 32 substituted. This 
was also a bill providing for the publication of the Code. 189 
This bill had passed the House on February 18th by a unani- 
mous vote and passed the Senate on the day following by a 
vote of 37 to 2. 190 

184 The Dubuque Weekly Times, Vol. XXI, No. 6, Wednesday, February 12, 
1873. 

185 Daily Press (Iowa City), Thursday, January 23, 1873. 

186 Daily Press (Iowa City) , Wednesday, January 29, 1873. 

is? House Journal, 1873, p. 214; Senate Journal, 1873, pp. 345, 346. See also 
Laws of Iowa, 1873, p. 25. 

188 Senate Journal, 1873, pp. 187, 306. Methods of considering the proposed 
Code are also to be found in Senate Journal, 1873, pp. 107, 190, 191. 

189 Senate Journal, 1873, pp. 293, 308-10, 325, 326, 328. Also House Journal, 
1873, pp. 168, 180, 181, 199, 200. 

190 Senate Journal, 1873, p. 328. 



208 IOWA JOURNAL OF HISTORY AND POLITICS 



The act which was thus passed provided that William H. 
Seevers he employed at a salary of $2,000 to edit the Code 
and deliver the same to the State Printer as soon as pos- 
sible. The State Printer in turn was to print fifteen thou- 
sand copies, which should contain marginal notes and a 
complete index. In addition, the Declaration of Independ- 
ence, the constitutions of Iowa and the United States, and 
the naturalization laws were to be included in an appendix. 
The binding was ordered to be done by the State Binder, 
who was to begin his part of the work not later than May 1, 
1873. Five thousand copies were to be distributed among 
the counties for sale at three dollars per volume, the Secre- 
tary of State being allowed twelve hundred dollars for the 
work of distribution. 191 

The work of the adjourned session seems to have been 
quite universally approved by the press of the State. A 
Clinton paper, after calling attention to the fact that the 
session had lasted only thirty-six days, declared that the 
members had possessed a spirit of hard work, no member 
had "made a long speech and the short ones have been brief 
and to the point." 192 In commenting on the Code itself 
the same paper made the following suggestion: "Let the 
new Code go into operation and be tested in all its divisions 
before a spirit of criticism is indulged in." 193 The Cedar 
Rapids Times remarked that "the main object — the re- 
vision of the Code — has been the principal and almost the 
only thing accomplished, since nearly all the proposed 
changes in existing laws have been defeated, including the 
one re-establishing capital punishment. But this revision 
has been a great work of itself, and if done well will have 
been sufficient work for a session of thirty-six days." 194 

191 Laws of Iowa, 1873, Ch. IX, pp. 13-15. 

192 The Clinton Age, Vol. V, No. 46, Friday, February 28, 1873. 

193 The Clinton Age, Vol. V, No. 46, Friday, February 28, 1873. 

194 The Cedar Eapids Times, Vol. XXII, No. 21, Thursday, February 27, 1873. 



HISTORY OF THE CODES OP IOWA LAW 209 



The same paper said of the legislature that it had "per- 
formed its work speedily and well." 195 

Even the papers that were opposed to the adjourned ses- 
sion were forced to admit the diligence displayed in passing 
the proposed code, as the following quotation from The 
Dubuque Weekly Times will bear testimony : 

The legislature adjourned yesterday sine die, having finished the 
Code, and passed a few of the inevitable legalizing acts. Unneces- 
sary as we believe the session to have been, we cannot but do the 
members the justice of saying that they have worked with com- 
mendable diligence since they came together at this adjourned 
meeting, and that we believe their work to have been generally well 
done. Had a little of the spirit manifested at this session actuated 
the members in the last, the $45,000 which the session has cost might 
have been saved to the State. 196 

CHABACTER AND CONTENTS OF THE CODE OF 1873 

The Code of 1873 was of the same size as the Revision of 
I860, though containing one hundred twenty-one less 
pages. 197 It took effect on September 1, 1873, and provided 
that "all public and general statutes passed prior to the 
present session of the general assembly, and all public and 
special acts, the subjects whereof are revised in this code, 
or which are repugnant to the provisions thereof, are hereby 
repealed, subject to the limitations and with the exceptions 
herein expressed." 198 

195 The Cedar Bapids Times, Vol. XXII, No. 21, Thursday, February 27, 1873. 

196 The Dubuque Weekly Times, Vol. XXI, No. 8, Wednesday, February 26, 
1873. Good accounts of the proceedings of the legislature can also be found in 
the above paper on Wednesday, January 22, 1873, and on Wednesday, February 
5, 12, and 19, 1873; in the Daily Press (Iowa City), Thursday, January 30, 
1873; and in the Burlington Weekly Hawk-Eye of Thursday, February 13, Feb- 
ruary 27, March 6, and March 13, 1873. 

197 The copy used by the writer in the preparation of this article was formerly 
Governor Kirkwood's copy and bears his signature on the cover. 

198 Code of 1873, Sec. 47, p. 9. See also Sec. 49. 

In the first volume of the interleaved edition of the Code of 1873 the title 
page is slightly different from the title page in the regular volume, giving G. W. 

VOL. XI — 14 



210 IOWA JOURNAL OF HISTORY AND POLITICS 



There is no introduction or explanations of particular 
sections to be found anywhere in the book, and it is also 
entirely free from extraneous matter, such as annotations 
or citations to decisions of the Supreme Court. There is, 
however, an excellent marginal index giving the correspond- 
ing section in each case in the Revision of 1860. The index 
is contained in 248 pages, but could be improved upon by 
the additional use of cross references. The appendix con- 
tains only a few of the most important public documents, 
such as the Declaration of Independence, the Constitution 
of the United States, and the Constitution of Iowa. 

The changes to be found in this Code are so numerous 
that it is not practicable to discuss them in this connection. 
One new feature which should be mentioned, however, is 
the provision for a Circuit Court, which was later repealed 
by the Twenty-first General Assembly. 199 The proposed 
code submitted to the General Assembly in 1873 has all the 
numerous changes and amendments printed in italics. 
Since this was the first real revision of parts one and two 
which had been made since 1851 it is only natural that 
scores of changes are to be found therein. 

SUBSEQUENT LEGISLATION 

The new Code, however, evidently was hastily or care- 
lessly constructed in some parts, for a considerable number 
of mistakes soon became apparent. 200 Governor Carpenter 

Edwards as the printer and not mentioning E. P. Clarkson, who completed the 
Code from page 640. 

199 Code of 1873, Sec. 162, pp. 28, 29. 

The Circuit Court had been first established by an act passed during the 
Twelfth General Assembly.— Laws of Iowa, 1868, Ch. 86, pp. 113-120. The 
act abolishing the Circuit Court is found in the Laws of Iowa, 1886, Ch. 134. 

200 in the preface to McClain's Annotated Code and Statutes, 1888, p. iv, 
the author declares, "When the first edition of this work was published in 
1880, a careful comparison was made between the Code as printed by the 
authority of the state and the original rolls thereof, duly authenticated and 
preserved in the office of the Secretary of State. As a result of this examina- 
tion a considerable number of discrepancies were found. 



HISTORY OF THE CODES OP IOWA LAW 



211 



called attention to the fact that "imperfections, oversights, 
and errors' ' were contained in the Code and that these 
would need correcting. He further suggested that in mak- 
ing amendments the entire section be reprinted in the ses- 
sion laws as amended, in order that all might know what 
the existing law was. 201 Later writers have also commented 
upon the discrepancies to be found in the work. 202 

The Code of 1873 served as the official code of Iowa from 
1873 to 1897, but during this time various propositions were 
made looking toward the reprinting or revision of the laws. 
On January 13, 1880, Governor John H. Gear in his first 
biennial message suggested that certain parts of the Code, 
dealing with the cost of criminal prosecutions, should be 
repealed, as the resulting expenses were increasing very 
rapidly. In the same message he stated that seven hundred 
copies of the Code still remained on hand and that as pri- 
vate individuals were preparing editions of the Code he did 
not think it advisable for the State to order a reprint. He 
further declared that "the present Code only went into 
effect September 1st, 1873, and as it is possible that the 
voters of the state will declare in favor of a constitutional 
convention in 1880, which would necessitate much new legis- 
lation, it would seem both impolitic and unwise to incur the 
expense of a re-codification at this time." 203 

Several years later, in January, 1888, Governor William 
Larrabee stated in his first biennial message that he had 
addressed letters to the Judges of the State asking them 
for suggestions relative to amendments which should be 

201 Shambaugh 's Messages and Proclamations of the Governors of Iowa, Vol. 

IV, pp. 79, 80. 

202 Judge Wm. E. Miller in speaking of the discrepancies stated, ' 1 In the 
publication of the State edition of the Code numerous errors occurred, some of 
which changed the sense and effect of the law." — Miller's Bevised and Anno- 
tated Code of Iowa, 1880, Vol. I, Preface, p. i. 

2 °3 Shambaugh 's Messages and Proclamations of the Governors of Iowa, Vol. 

V, pp. 71, 85, 86. 



/ 



212 IOWA JOURNAL OF HISTORY AND POLITICS 



made to the statutes. Many of the judges replied proposing 
changes to be made. 204 The Governor in the same message 
called the attention of the legislature to the dangers of 
hasty and ill-planned legislation. He declared : 

I am not, and I feel sure that you will not be, unmindful of the 
fact that great care should be taken in the change and amendment 
of our statutes. The whole body of our laws is a growth of many 
years, and it should not be unnecessarily or lightly interfered with. 
Only such additions and changes should be made as justice and the 
public welfare clearly require. 205 

The edition of the Code published in 1873 was, as stated 
above, practically exhausted in 1880, but the publication of 
annotated codes by Judge William E. Miller and Mr. Emlin 
McClain in that year largely did away with the necessity 
of a new official publication. 206 Had there been no works of 
a private nature put forth a new code would have undoubt- 
edly been prepared sometime in the eighties. 207 The use of 
the Code of 1873 was limited chiefly after 1880 to county 
and township officers, 208 the members of the legislature gen- 
erally purchasing the private works for their own use dur- 
ing the sessions of the General Assembly. 20 * This was done 

204 Shambaugh 's Messages and Proclamations of the Governors of Iowa, Vol. 
VI, p. 80. 

205 Shambaugh 's Messages and Proclamations of the Governors of Iowa, Vol. 
VI, p. 85. At page 195 the Governor said: "The statutes of the territory 
of 'iowa, which are now out of print, ought to be compiled and republished, 
together with those of the territories of Michigan and Wisconsin affecting 
Iowa. ' ' 

206 The history of the private compilations will be dealt with in a subsequent 
paper. 

207 By 1880 there was a large number of amendments, repeals, etc., to the 
Code of 1873. A list of statutes amendatory to the Code of 1873 may be 
found in Miller's Eevised and Annotated Code of Iowa, 1880, Vol. I, pp. xvi- 
xxi. Also Preface, p. i. 

208 Code of 1897, Preface, p. iv. 

209 One of the first acts in nearly every General Assembly is to order a copy 
of the Code for each member. After 1880 each member was usually allowed his 
choice of either McClain 's or Miller's work. 



HISTORY OP THE CODES OF IOWA LAW 213 



for the reason that a vast amount of legislation enacted 
subsequent to the Code of 1873 could only be discovered by 
going through several volumes of session laws, but in either 
McClain's or Miller's code it was brought down to date. 

The legislation subsequent to 1873 concerning the Code 
does not appear to be of any considerable importance, al- 
though some action appears to have been taken at almost 
every session. In 1874 a joint resolution was introduced in 
the House by Mr. C. A. L. Eoszell of Clarksville providing 
that when amendments were made to the Code the amended 
section should be printed in full, but it does not appear to 
have succeeded in passing. 210 Two years later Mr. Josiah 
Given offered a similar resolution which was adopted by 
the House, but appears never to have passed the Senate. 211 

The Senate of 1874 also had its attention called to two 
special matters relating to the Code of 1873. On February 
3, 1874, Senator Dennis N. Cooley offered a resolution which 
was passed directing the Judiciary Committee to ascertain 
what action would be necessary to so fix the Code and laws 
that they would be receivable in evidence in the United 
States Courts. Owing to the fact that the Code of 1873 did 
not bear the seal of the State it did not meet the require- 
ments of the federal law in regard to evidence. 212 

A month later, on March 3, 1874, Senator Henry W. 
Eothert introduced Senate File No. 208 which was ' ' a bill 
for an act to legalize the edition of the Code of 1873, pub- 
lished by Mills & Co." 213 After being referred to the 
Judiciary Committee the bill was by them recommended for 
indefinite postponement. 214 

210 House Journal, 1874, pp. 72, 73. 

211 House Journal, 1876, p. 26. 

212 Senate Journal, 1874, pp. 73, 74. No further action appears to have been 
taken by the Senate in this matter. 

213 Senate Journal, 1874, p. 234. This Code is described below, see p. 218. 
21* Senate Journal, 1874, p. 255. 



214 IOWA JOURNAL OF HISTORY AND POLITICS 



In 1878 Eepresentative Frederick M. Knoll introduced 
"a bill for an act to create a board of commissioners, to 
codify and revise the school laws of Iowa." 215 Nothing, 
however, seems to have been done in regard to this bill, bnt 
during the last days of the session a joint resolution was 
adopted providing for the publication and distribution of 
the school laws of Iowa. 216 An attempt to compile and 
publish the road laws at this session failed of passage in 
the House. 217 

Various petitions asking for revisions of the road and 
school laws were received in the Senate during the Seven- 
teenth General Assembly, perhaps the most important be- 
ing the one presented by Senator Samuel L. Bestow from 
the Supervisors' Convention, "asking a general revision of 
the Code, and the public acts of the Sixteenth General 
Assembly." 218 

Mr. "William J. Knight of Dubuque in 1880 offered a reso- 
lution in the House requiring the members of the legislature 
to either pay for the Codes received at the opening of the 
session or to return them. The reasons for such a resolu- 
tion were stated to be the desirability of strict economy, 
the scarcity of the edition, and the doubtfulness whether or 

215 House Journal, 1878, p. 52. 

216 House Journal, 1878, p. 650. See also p. 652. 

Though this joint resolution appears by the journals of the houses to have 
been passed by each, it is not to be found in the laws of that year. Mr. C. C. 
Stiles, Superintendent of the Department of Classification and Arrangement of 
the Public Archives of Iowa, in writing of the above resolution declared: 

' ' I find the resolution on file here that you refer to in your letter. The reso- 
lution has the following written on the back: 

" 'Bead 1st. & 2nd. times. Eules suspended and passed the Senate 3/26/78. 
McCargar, 1st. Asst. Sec.' also written with lead pencil 'passed.' There is 
nothing to indicate that it passed the House. It does not appear on the record 
of enrolled bills and resolutions (this record shows the title, date of approval, 
publication &c) It does not appear in the bound volumes of engrossed bills 
and resolutions that are on file in the office of Secretary of State. ' ' 

217 House Journal, 1878, pp. 43, 112, 128, 202, 401, 402. 

218 Senate Journal, 1878, p. 53. See also pp. 45, 106. 



HISTORY OF THE CODES OF JOWA LAW 215 



not the legislature could donate State property to its mem- 
bers. After creating a considerable amount of comment the 
resolution was referred to the Judiciary Committee and 
appears never to have been reported therefrom. 219 

During 1880 Judge William E. Miller and Mr. Emlin 
McClain prepared compilations of the statute law of Iowa. 
These works were annotated and embraced the Code of 1873 
as changed by legislation, and the new statutes passed up 
to the Nineteenth General Assembly. An act passed on 
March 27, 1880, made Miller's Code receivable in evi- 
dence, 220 while McClain 's Code was made likewise receiv- 
able by an act passed two years later. 221 

A joint resolution was proposed in the House of Repre- 
sentatives in 1884 looking toward a convention of States to 
secure uniform legislation on various subjects. This reso- 
lution was reported upon favorably by the Judiciary Com- 
mittee, but does not appear to have become a law. 222 
Various petitions were presented at the same session pray- 
ing for a change in the Code and for court reform. 223 On 
March 1st, Senator Gifford S. Robinson of Storm Lake 
offered the following resolution which was adopted : 

Resolved btj the Senate, That the Committee on Printing be in- 
structed to investigate the facts and to report to the Senate as soon 
as practicable, as follows : 

1. The number of copies of the Code, and of the session laws of 
the Fifteenth and subsequent General Assemblies now in possession 
of the State, and subject to distribution for the use of public officers. 

219 House Journal, 1880, pp. 507, 508. 

220 Miller 's Revised and Annotated Code of Iowa, 1880, Vol. I, p. iii. 

221 Laws of Iowa, 1882, pp. 5, 6. 

222 House Journal, 1884, p. 346. 

223 Senate Journal, 1884, pp. 128, 318. The Senate Judiciary Committee was 
ordered early in the session ' < to inquire into, and report by bill or otherwise, 
such amendments as are necessary to the criminal code of the State, to make 
more certain and speedy the detection, conviction and punishment of criminals 
and the prevention of crime. ' See p. 78. 



216 IOWA JOURNAL OF HISTORY AND POLITICS 



2. The probable time when the present supply of such copies of 
the Code and session laws will be exhausted. 

3. The necessity, if any, for a revision of the laws, and pro- 
viding of copies of the same for the use of public officers in the 
State. 224 

On the sixth of March the committee reported that there 
were four hundred and fifty copies of the Code on hand, 
which would supply official needs for about six years. 225 

In 1888 a direct attempt was made to revise and codify 
the laws. On February 21st Mr. L. A. Riley of Wapello 
offered House File No. 472, which was "a bill for an act 
to provide for the revision and codification of the Statutes 
of Iowa, creating a commission therefor and defining their 
duties; providing for the publication and distribution of 
their report/' 226 After receiving a number of amendments 
the bill was passed on April 6, 1888, by the decisive vote of 
73 to 2. 227 Owing, however, to the great amount of legisla- 
tion pending in the Senate this bill failed of consideration 
and did not become a law. 228 

During the session of the Twenty-fourth General As- 
sembly a large number of petitions were received in the 
House of Representatives asking for a revision of the rev- 
enue laws. 229 The result was the passage of Senate File 

224 Senate Journal, 1884, p. 255. 

225 Senate Journal, 1884, pp. 281, 282. 

226 House Journal, 1888, p. 349. 

227 House Journal, 1888, pp. 897, 898. 

228 Senate Journal, 1888, pp. 907, 996. 

An idea of the great number of changes both in the statutes and in the Code 
made during this session of the legislature may be gained by looking at the 
Senate Journal, 1888, pp. 1029-31, 1061. In the Senate Journal, 1890, p. 31, 
there may also be found a list of the volumes of the session laws and the quan- 
tity of each in the State. In 1890 a bill was also introduced in the House 
providing for the compiling and reprinting of the Territorial statutes. It ap- 
pears never to have been reported from the committee to which it was referred. 
— House Journal, 1890, p. 397. 

229 House Journal, 1892, pp. 84, 85, 106, 107, 108, 115, 120, 132, 133, 144, 
145, 166, etc. 



HISTORY OF THE CODES OP IOWA LAW 217 



No. 383, which provided for the creation of a tax commission 
of four persons "to studiously and carefully examine the 
revenue laws of the state and report necessary and de- 
sirable changes to the Twenty-fifth General Assembly." 230 
A bill was also introduced in the House the purpose of 
which was to create a commission "to codify and amend the 
statutes of Iowa relating to the valuation of real and per- 
sonal property, the assessment, levying and collection of 
taxes." 231 The bill, however, never became a law. 232 

The vast amount of legislation passed in the years imme- 
diately following 1873 caused the Code of 1873 to become 
quickly out of date. This defect was remedied, as has been 
seen, in 1880 by the preparation of two private works, 233 
but it was not until 1894 that the legislature took definite 
action by appointing in that year a commission to revise 
and codify the laws. 234 Their report was the foundation of 
the Code of 1897 and was in "accordance with the plan 
finally adopted by the former Commission," — the Com- 
mission of 1873. 235 In addition to being sadly out of date, 
the Code of 1873 had likewise been out of print for a num- 
ber of years. 236 

230 Laivs of Iowa, 1892, Ch. 72, pp. 100, 101. The members of this commis- 
sion were Charles E. Whiting, Charles A. Clark, E. C. Lane, and August Post. 
These gentlemen reported in July, 1893, recommending a bill for the revision of 
the State revenue laws. — Report of the Revenue Commission, 1893. See also 
Brindley's History of Taxation in Iowa, index. 

231 House Journal, 1892, p. 97. 

232 Various compilations of laws have often been issued by the State for the 
use of a particular class. For instance, the road laws, the school laws and the 
revenue laws have been issued at various times. These are, however, only a 
collection of the existing laws on the subject, with a list of forms usually 
appended. 

233 Miller 's Revised and Annotated Code of Iowa, 1880, Vol. I, Preface, p. i. 
Mr. Miller states that the great number of amendments was one of the chief 
reasons for the bringing out of his Code. 

23* Laws of Iowa, 1894, Ch. 115, pp. Ill, 112. 

235 Report of Code Commissioners, 1896, p. 2. 

236 Code of 1897, Preface, p. iv. 



218 IOWA JOURNAL OF HISTORY AND POLITICS 



THE MILLS AND COMPANY EDITION 

The law publishing firm of Mills and Company of Des 
Moines brought out an edition of the Code of 1873 in the 
early summer of that year, about six weeks before the ap- 
pearance of the official edition. The title page of this edi- 
tion reads : 

The Code : Containing All The Statutes Of The State Of 
Iowa, of a general nature, passed at the adjourned session of the 
Fourteenth General Assembly. Uniform with the edition pub- 
lished by the State. Des Moines, Iowa : Mills & Co., Law Publish- 
ers, 1873. 

This edition was printed in three forms. The regular 
one volume work was printed to page 640 by the State 
Printer from the same type as used in the official edition, 
and delivery of the work commenced on July 20, 1873. This 
volume was sold at four dollars per volume. The entire 
work contained 738 pages, besides the index which occupied 
183 pages. 237 In addition to the regular one-volume edition 
there was an interleaved form which sold for seven dollars 
and an interleaved form in two volumes that sold for eight 
dollars. 238 

The State Census Board, which corresponds to the pres- 
ent Executive Council, evidently did not care to have private 
concerns compete with the State in the publication of the 
Code and so on June 23, 1873, it addressed a letter to the 
Attorney General asking whether or not the State Census 
Board could " enjoin the publication of the one thousand 
copies of the code of Iowa, 1873, now being published by 
Messrs. Mills & Co?" 239 

237 The Western Jurist, 1873, Vol. VII, pp. 469, 470. 

The writer has not been able to secure a copy of the private edition, either m 
Iowa City or at the State Library at Des Moines. The title page is consequently 
copied from the one given in the reviewer 's notice. 

238 The Western Jurist, 1873, Vol. VII, p. 475. 

239 The Western Jurist, 1873, Vol. VII, p. 473. 



HISTORY OF THE CODES OF JOWA LAW 211) 



The Attorney General, M. E. Cutts, gave as his opinion 
that as there was no law prohibiting such a work, and that 
as the State had failed to copyright the official edition, there 
could not be an injunction issued to restrain Mills and 
Company from publishing their work. 240 

In commenting upon this episode one leading newspaper 
remarks : 

It seems queer that anybody would think of such injunction. 
When it is considered that, although the Code goes into effect Sept. 
1st, the State has not a single copy out yet, and probably will not 
have by that time, while Mills & Co. are already delivering the 
copies printed by them, it would look more reasonable to vote them 
public thanks than to subject them to loss in their enterprise by 
enjoining them. This whole Code business has been botched from 
beginning to end. The Legislature, in a fit of economy, voted that 
no part of it should be published in the newspapers. The result is 
all the important changes made in the Code go into operation in a 
few days and the people have had no opportunity to know what 
they are. The old tyrant who posted his laws so high that nobody 
could see them and then put to death those who violated them, 
seems to have been the model followed by our law-makers in this 
matter. 241 

This work, nevertheless, appears to have been issued as 
advertised and in 1874 an attempt was made to legalize the 
edition, but the bill was recommended for indefinite post- 
ponement by the Senate Judiciary Committee. 242 

CONCLUSIONS 

The Code of 1873 took effect on the first day of Septem- 
ber, 1873, 243 and remained in force as the official code of 

240 The Western Jurist, 1873, Vol. VII, pp. 473, 474. 

241 The Western Jurist, 1873, Vol. VII, p. 475. This is a clipping from the 
Muscatine Journal. 

242 gee notes 213 and 214 above. See also Senate Journal, 1874, pp. 234, and 
255. It is of interest to note that in an act of May 5, 1897, the legislature 
made it a misdemeanor for any one to publish the laws of the State in competi- 
tion with the official publication. — Code of Iowa, 1897, Sec. 27, p. 5. 

243 Code of 1873, Sec. 49, p. 9. 



220 IOWA JOURNAL OF HISTORY AND POLITICS 

Iowa until ninety days after the adjournment of the extra 
session of the Twenty-sixth General Assembly. 244 It thus 
served from 1873 until 1897, a period of twenty-four years. 
Although having the longest official existence of any Iowa 
compilation of law, it must not be understood that it was in 
general use during all this period. In fact, after 1880, its 
use became less and less each year, the use of McClain's 
and Miller's codes, on the other hand, becoming greater. It 
might be safely stated that for a number of years the Code 
of 1873 was so out of date that it was rarely if ever used. 245 

The Code of 1873 was prepared by three men of high 
scholarship and great learning in the law. The work was 
carefully reviewed in the legislature, at two different pe- 
riods, by men of ability and with an accurate knowledge of 
the needs of the State. The result was one of the best codes 
ever prepared in the State of Iowa. It attempted to con- 
dense the acts of the legislature and the existing laws into 
the fewest possible words, consistent with clearness and the 
intent of the law-makers. Where an improvement could be 
made, the Commissioners had the power to and often did 
alter the phraseology of the existing law. 

The Code of 1873 is free of all luggage. It contains no 
remarks, introduction, preface, or annotations. It attempt- 
ed to give the law in a logical and orderly method, in clear 
and unambiguous language, capable of being understood by 
all; and although not the equal of the Code of 1851, it suc- 
ceeded admirably in realizing the hopes of its makers. 

Cliffokd Powell 

The State Historical Society of Iowa 
Iowa City 



244 Code of 1897, Sec. 50, p. 126. 

245 Code of 1897, Preface, p. iv. 



AN EMINENT FOREIGNER'S VISIT TO THE 
DUTCH COLONIES OF IOWA IN 1873 

TRANSLATED FROM THE DUTCH BY JACOB VAN DER ZEE 

[The Rev. Dr. M. Cohen Stuart, delegate from The Netherlands to the sixth 
conference of the world's Evangelical Alliance, came to New York City in the 
month of September, 1873. After participating in the meetings of this 
Protestant congress, Mr. Stuart journeyed westward by way of Niagara 
Falls and received a hearty welcome among thousands of Hollanders in Mich- 
igan. Thence he continued to Chicago, and to Pella and Orange City* in 
Iowa, and returned eastward by way of the States of Minnesota and Wisconsin. 

As a result of these travels, Rev. Stuart composed and published nearly 
seven hundred pages of impressions and reminiscences based directly on nota- 
tions in his diary. Chapter XI of this excellent work: Zes Maanden in 
Amerika (Six Months in America), is devoted to the States of Iowa, Minne- 
sota, and Wisconsin. Only that portion which concerns life in Iowa is pre- 
sented in the following pages. 

That Mr. Stuart was a shrewd observer and a brilliant writer will be ap- 
parent to the average reader.2 It is a fact that many of the unique details of 
American history have been preserved only in the writings of competent 
persons who came from abroad and looked at America's novel conditions from 
the foreigner's point of view. In this way there has come to be recorded in 
the languages of Europe much that an American contemporary would have 
considered trivial and commonplace, too modest perhaps or even too short- 
sighted to realize that later generations alone should be the judges of what 
is valuable and what is worthless in the occasional scraps of the history of 
social, religious, and political institutions. 3 — Translator.] 

Pella, November 21. 
Once again we find ourselves at home, among fellow- 
countrymen and fellow-believers. 

1 Shortly after their arrival in the eastern States, Rev. and Mrs. Stuart 
received an urgent invitation from Mr. Henry Hospers of Orange City to visit 
the settlement of Hollanders in northwestern Iowa. 

2 As an illustration of the inquisitiveness of Yankee newspaper reporters, 
Mr. Stuart preserved the following bit of news about himself in the New York 
Herald: "The pastor is the son of a converted Jew, who, on his marriage with 
a descendant of a Scotch emigrant, added her name of Stuart to his own of Co- 
hen, which signifies ' Priest '. Thus his children bear the royal Scottish name. ' ' 

sDe Tocqueville in 1832 wrote that he was convinced that "in fifty years 

221 



222 IOWA JOURNAL OF HISTORY AND POLITICS 



On Tuesday, the 17th, we left Chicago at a late evening 
hour. The entire family of our host: his son, the doctor, 
his son-in-law, de Boer, and their wives, accompanied us on 
the street cars and conducted us to the station of the 
Chicago, Burlington and Quincy B. R., whence w^ were to 
depart by the night train. 

This time, we were told, we should miss little by reason 
of the night journey, since the northern part of Illinois 
through which we should travel is a fairly monotonous 
stretch of level country. So we found room in a very 
beautiful "sleeping car" furnished more luxuriously than 
any I have ever seen. 4 In the middle of the coach in two 
apartments opposite one another, stood a handsome, com- 
fortable writing-table and a pretty little organ, on which 
Dr. de Bey, a musician at heart, who plays the organ in his 
father's church on Sundays, allowed us to hear some notes 
before he left. 5 But we had no intention to avail ourselves 
of either of these two pieces of furniture. The quickly 
unfolded berth was more valuable to us then; and in my 
sleep I certainly did not feel that I was being pulled along 
in a flying carriage any more than one awake or asleep is 
conscious of the earth's turning upon its axis. 

Next morning day has dawned long before I dress; and 

it will be more difficult to collect authentic documents concerning the social 
conditions of the Americans at the present day than it is to find remains of 
the administration during the Middle Ages; and if the United States were 
ever invaded by barbarians it would be necessary to have recourse to the his- 
tory of other nations in order to learn anything of the people which now 
inhabit them". 

4 In a footnote Mr. Stuart adds : 1 1 The ' Pullman 's car ' recently put into 
service on the line between Brussels and Cologne, which also appeared at some 
of our stations in Holland and rightly attracted very much attention, may be a 
fair specimen of the genus, but is no match for the handsomest ones to be 
seen in America. " 

5 Eev. de Bey later became a resident of Orange City, Iowa, and died there 
recently at the age of ninety-four. His son, Dr. Albert de Bey, for many years 
a well-known physician and surgeon in northwestern Iowa, is a member of the 
State Board of Health. 



THE DUTCH COLON I KS OP IOWA IN 1873 223 

I rise then to look at something which repays rising and 
looking. We are, so they say, at the most beautiful, the 
only truly beautiful point of the whole journey: Burlington, 
just on the boundary between Illinois and Iowa. This 
boundary consists of the Mississippi; and the little city, a 
nourishing place of business of nearly 16,000 souls, the 
center of various railroads, is built upon the banks of the 
river : East Burlington belongs to Illinois, West Burlington 
to Iowa. From the great railway bridge we enjoy a splen- 
did view. Charming lies the little city: factories and 
stores far beneath on the low, green banks, somewhat like 
the "uiterwaarden" of our rivers, and above on the so- 
called ' ' bluffs' ' (cliffs or steeps one hundred feet high, 
which rise like natural dikes a short distance from the 
river channel), the "residences' ' or more respectable 
houses are scattered in charming disorder. Between the 
towns descends the majestic Mississippi, deep and broad 
with a stream as clear as crystal, which assumes a sallow, 
yellow color farther south, when the river, broader and 
more sluggish, flows through the swamps of Louisiana into 
the Gulf of Mexico. 

Greetings to thee, King of Eivers, 6 American Nile, 
mighty artery of the nation's heart and life! Springing 
from the icy lakes of northern Minnesota and, with its 
tributary the Missouri, from the snow-capped Rocky 
Mountains, this river traverses the entire continent, bring- 
ing fertility and sustenance to all, bears trading fleets upon 
its waters, mirrors a series of growing cities : Minneapolis, 
St. Paul, Dubuque, and Davenport, and after conveying 
treasures to St. Louis and New Orleans empties into the 
bosom of the Gulf of Mexico, opening to North America's 
fruitful prairies and valleys an outlet which will one day 
become the great trade route of the world ! 

s 1 1 This time without the slightest boasting, ' ' the visitor remarks, ' ' the 
Americans may use their dearly beloved expression, 'the biggest in the world'." 



224 IOWA JOURNAL OF HISTORY AND POLITICS 



Beyond Burlington we come into the domain of Iowa, 
the * 1 settler' \ State, but recently organized and just de- 
veloping. On 55,045 square miles, an area equivalent to 
that of England, one can count but 1,191,720 souls. About 
1,900,000 acres, nearly all naturally fertile soil, have passed 
into the hands of railway corporations either as United 
States public lands or as "land grants". From both 
sources the farmer who wishes to cultivate the new soil 
may easily and cheaply obtain capital land for his fields. 
Eailroads will gladly sell land for ready cash, even at low 
prices, and the State has established exceedingly favorable 
prices, an evidence of its wise care. In order to prevent 
the purchase of land for mere purposes of speculation, it 
has been stipulated that the land shall come only into the 
hands of persons who intend to bring it under cultivation. 
In accordance with the legal requirements of the so-called 
"preemption rights" and the "Homestead Bill", an adult 
citizen of the State or a foreigner who has declared his 
intention to become naturalized can, by beginning the culti- 
vation thirty days after application at the district land- 
office and by establishing his residence on the land within 
one year, acquire full title to 60 hectares [160 acres] at 
from $1.25 to $2.50 per acre payable in instalments if he 
so chooses. 

"Iowa" is an Indian word and means "the beautiful 
land ' It is reported that once upon a time when a number 
of Indians from the East beheld the green prairies across 
the Mississippi, they cried out in rapture: "Iowa! Iowa!" 
and that the name originated in this way. This much is 
certain: the Indians who formerly inhabited this region 
were called Iowas. As late as 1840, under their chief Ma- 
haska or "White Hawk" and his squaw Rant-Che- Wai-Me 
— "Flying White Pigeon" — they formed a fairly formid- 
able tribe. But they were attacked and conquered by other 
tribes, the Sacs and Foxes, under the renowned Blackhawk. 



THE DUTCH COLONICS OF IOWA IN 1873 225 



The black hawk appeared too strong for the white hawk. 
Now the greatness and glory of the famous Blackhawk 
(whom many inhabitants still remember) have also passed 
away, and the Indians who still remain in Iowa, mostly 
Sacs and Foxes, are to be found only upon the extreme 
western border near the Sioux River. 7 

The present State of Iowa .... consists almost 
entirely (nearly three-fourths of it is prairie) of hilly, 
gently undulating land, which as a whole varies little in 
altitude: from 600 to 1400 feet above sea-level. Even the 
valleys of rivers (which are fairly near their sources here) 
are high and therefore exceedingly fruitful. Upon the 
eastern and western borders of the State one sees the cliffs 
or so-called " bluff s", but rocks or mountains nowhere — 
nothing but the gently rounded curves of sloping and un- 
dulating earth. And trees, however luxuriantly they grow 
where they are attended to, are found in a state of nature 
only upon the river banks: ash and linden, beech and 
poplar, hickory and maple. The soil contains minerals: 
veins of lead and gypsum, and very extensive coal-beds 
near the rivers. 8 

But the real, the principal riches of the State is to be 
found in the fruitfulness of its soil. This comprises a 
capital valuation which it is still absolutely impossible to 
determine : the State only awaits the fructifying efforts of 
men to exploit her fertile soil and will reimburse all labor 
a thousand-fold. Wheat, oats, flax, vegetables, fruit — 
everything flourishes luxuriantly and abundantly upon the 
willing soil, while natural pastures are exceptionally fitted 
for stock-raising. The long ' i blue- joint" or prairie grass 

7 This statement is incorrect. 

s The writer 's foot-note reads as follows : ' 1 The Iowa coal, ? bituminous 
coal', possesses exceptional quality. Setting the combustible part of the coal 
at 100%, analysis shows: Silesia 80, Bohemia 81, Wigan (England) 87, and 
Iowa 90% of bitumen and carbonium. Only the famous anthracite coal of 
Pennsylvania stands higher in the scale, namely 96%." 

VOL. XI — 15 



226 IOWA JOURNAL OF HISTORY AND POLITICS 

grows almost as thick as sown grass, and wild grass — 
one speaks here of "wild" and "tame" grass — is even 
more nutritions. 

But the real fruit of the soil: the land's blessing is 
"corn" or maize. I do not know what Iowa's coat-of-arms 
is, but it should be a well-filled ear of corn. What the 
pomegranate or bread-tree is to some countries, that and 
much more is the maize plant to Iowa : at once the staple 
product for trade and daily bread for the farmer and his 
family, food for human beings and for animals. No plant 
is more willing nor more prolific, no plant gives less trouble 
nor more reward. Indeed, the so-called "sod corn", the 
first corn planted and raised without toil upon the natural 
prairie sod, yields an average of from ten to fifteen bushels 
per acre, and later when the ground is carefully cultivated 
yields from forty to one hundred bushels. And it is well 
to think of something other than what we in Holland know 
by the name of "Turkish wheat", a good-for-nothing, weak, 
dwarfish species as compared with what people have here. 
Such robust stalks, heavy ears, beautiful kernels! 9 For 
the settler himself corn produces the most healthful and 
palatable meal, which can be prepared in every kind of 
way; and that corn makes excellent feed for horses and 
mules, hogs and cattle, chickens and geese, even the non- 
expert can see by a single glance at the greedy way in 
which they eat it, and how well they fare on it. Besides, in 
the matter of harvesting, preservation, and transportation, 
there is no better plant than corn. Once ripe, the ear need 
not, as in the case of other grains, be immediately picked 
and stored. On its robust stalks, with its close-packed 
kernels, soldered fast to the cob as it were, protected also 

9 ' * As I write this, I have on the table near me an ear of maize, 29 centi- 
meters long, entirely covered by nine closely-packed rows of kernels, each count- 
ing from 56 to 60, almost 500 large kernels on a single ear. And yet this ear 
is not considered one of the largest.' ' 



THE DUTCH COLON! KS OF IOWA IN 1873 227 



by a thick husk, the heavy ear defies all the inclemencies of 
wind and weather, rain and storm. 

That this is a settler's country and farmer's region we 
can tell while riding on the train. For the most part it 
consists still of extensive, barren prairies, waiting for the 
hand of man, and here and there, more or less thinly scat- 
tered, small hamlets and farms. But the towns and groups 
of buildings which we see are characterized by an appear- 
ance of prosperity, such as is to be expected in a land of 
such fertility, in a State which enjoys the rare privilege of 
having no debt but a surplus in its treasury. Furthermore, 
all the towns or little cities resemble one another. When ' 
we stop at a very primitive station constructed of logs, we 
generally see a somewhat scattered group of neat, frame 
houses, among them a few, small, often pretty, churches 
with sharp-pointed steeples, and on some conspicuous site, 
commanding a view of the vicinity, a larger brick building, 
usually crowned with a tower or cupola, the ' ' School' ' or 
"College" of the locality. The person who seeks variety 
or diversity of scenery must not go to America, least of all 
to the prairies of the West. 

After a couple of hours of travel by rail we arrive at 
Ottumwa, where we have to change cars to the Des Moines 
Valley E. E. The reader may observe, at least if he is not 
a stranger to stock-exchange reports — and who in The 
Netherlands is 1 10 — that we are gradually coming into the 
territory of those railroads whose names, formerly un- 
heard and still unpronounceable to many, some years ago 
acquired a sad renown in Holland's money-market. Oh, if 
people had only had a little more knowledge of geography 
before investing their means so recklessly with those cor- 
porations ! They would then have perceived how absolute- 

10 Market quotations of American stocks are to-day a source of great con- 
cern and excitement to thousands of people in The Netherlands — from the 
humble subject of average income to Her Majesty, Queen Wilhelmina. 



228 IOWA JOURNAL OF HISTORY AND POLITICS 



ly impossible it was for capital expended on such roads 
(however honest the undertaking in itself might be) .... 
to yield interest at from 10 to 12, perhaps 15, per cent, 
depending on the expense rate. 11 Now one may console 
himself — if one is generous enough to find a consolation 
in it — that the money expended in the construction of 
those railroads will some day yield its dividends and profits, 
though not to the original money-lenders ! The land, the 
property of the corporations, has an inherent, substantial 
value, which will remain imaginary only so long as man's 
reclaiming hand is absent. What this hand can accomplish 
here, we shall soon be taught to see. 

It was four o'clock in the afternoon when the "con- 
ductor" informed us that we were in Pella. 12 Here Dutch 
emigrants thirty years ago found a resting-place which they 
likened to the place of refuge of the first Christians 
during the Jewish war. The name is undoubtedly much 
more significant than the names of countless towns and 
cities in America : they scarcely represent any idea at all 
and appear to owe their existence only to some trifling 
incident or mere accident. In general the Indian names 
are a good deal more beautiful and poetical than those of 
European origin. A certain natural poetry the natives 
seem not to have lacked, a result perhaps of their nature- 
life on the boundless prairies. 

However significant the name "Pella" might sound, for 
the moment at least the weather could remind us little of 
the Syrian Pella. A cold wind and heavy fall of snow 

ii 1 ■'* I do not know at what high figure the eight percent Des Moines Valley 
was originally quoted in the markets of The Netherlands. At present I believe 
the capital valuation of the bonds amounts to just double the interest prom- 
ised." 

12 Pella has been the center of a settlement of Hollanders since the year 
1847, when Eev. Henry P. Scholte and a band of several hundred emigrants 
founded homes upon America's western frontier. It is estimated that about 
twenty thousand Hollanders, by birth and descent, live within a radius of 
fifteen or twenty miles of Pella. 



I 



THE DUTCH COLONIES OF IOWA IN 1873 229 

greeted us as we stepped out. But there was more to wel- 
come us: an English minister, Thompson (the Dutch min- 
ister is away for a few days), and a few Dutch elders. 
They conduct us to an omnibus which carries us a consider- 
able distance before we arrive in the little city. There we 
see ourselves taken to our hostess, a certain widow, Mrs. 
van Asch, who had asked to be allowed to entertain us since 
Rev. Winter was away from home. 

And her hospitality — yes, it might well be called East- 
ern, unless one prefers to give it the name Western hospi- 
tality, something to which I feel very partial after my 
American experiences. This widow also keeps a snug 
"prophet's chamber" in readiness in her small but neat 
Dutch dwelling, and that she had more to give than "a 
handful of meal and a little oil" was soon to appear at 
dinner time. Up from a secret cellar-hatch in the floor of 
our dining-room, at the wink of our hostess to a handy, 
alert child of seventeen, an orphan whom she had affection- 
ately adopted, all sorts of fine dainties arose. Into all the 
secrets of the American as well as the Dutch art of cooking 
the lady of the house appears completely initiated. Ac- 
cording to the testimony of my wife she deserves the 
doctor's degree in both branches. Moreover, our dinner 
is spiced with very entertaining conversation with the 
Reverend gentleman who dined with us in our honor. He 
is a pleasant, entertaining man, brother of the minister at 
Peekskill in New York State, with whom we had already 
become acquainted to our great pleasure, and possesses, 
besides other virtues, what is a rare accomplishment for an 
American : the ability to speak pure Dutch fluently. Hav- 
ing associated much with Hollanders, he wanted to learn 
their language, and he has so far mastered it that he 
preaches in Dutch sometimes. 

In the evening he takes me to the Dutch church, a spa- 
cious but very plain brick building, with a tower in front, 



230 IOWA JOURNAL OF HISTORY AND POLITICS 



which still needs a steeple, but its interior is suitably ar- 
ranged and properly heated. This awakens a sense of 
pleasure, for it is rough weather outside, as sometimes 
happens here. A keen, piercing wind drives the cutting 
snow into one's face, and plays freely around the building 
which stands by itself near the wide street, with broad 
open spaces on both sides. But within there is nothing to 
remind one of winter. Despite the unkind weather the 
church is "touchingly full", as I wrote in my diary. It did 
my heart good to speak to that assembly. 

The next day it was biting cold. The thermometer regis- 
tered just below zero (Fahrenheit) in the morning; and 
although the wind died down and the sun shone, icicles 
glistened and tiny crystals of ice sparkled in the sunlight, 
warning one not to challenge the outer air unarmed. We 
determine under such circumstances to receive and to pay 
some calls — among the latter to the aged Mrs. Bousquet, 
whom we had the pleasure to meet once before in Eotter- 
dam — and to get a glimpse of the neighborhood in order 
to know the little city somewhat more intimately. 

It has a quiet but cheerful and prosperous appearance. 
Around the large square and on the principal streets good, 
brick buildings are gradually supplanting the wooden ones. 
Among the most respectable belong, as in all cities of the 
West, the " stores' ' or shops; for these cities are the 
market-towns where the farmers of the surrounding coun- 
try are accustomed to come to supply themselves with 
necessaries. The shops are, therefore, also stores, like the 
East Indian " tokos" where everything is to be obtained: 
from large threshing and seeding machines to ribbons and 
pins. 

Our shopping has its dangerous side. We can't look at 
anything without having it offered and forced upon us — 
for nothing! In one shop the " store-keeper" says: "You 
shouldn't run about in your hat in this cold ; here is a warm, 



THE DUTCH COLONIES OP IOWA IN 1873 



231 



woolen cap. ' 9 Scarcely have I reached home when another 
appears with a hat-box under his arm, and produces there- 
from a motley-looking cap. I tell him that his fellow- 
tradesman has just given me a winter-cap. "No," answers 
he, "that one isn't warm enough, that won't do in this 
awful cold. Take my cap too !" I had just seen this man's 
advertisement in Pella's Weekblad wherein one could read 
in the Dutch language (to which people are accustomed 
here): "To tailors and shoemakers we sell at wholesale 
price." I said to him: "In the following issue I shall no 
doubt read your advertisement: Ministers we supply free 
of charge." 

That our language, even in the Dutch colonies, must 
gradually lose some of its purity speaks for itself. A num- 
ber of English words have thus been wholly incorporated 
into daily speech so that people would have difficulty under- 
standing the equivalent Dutch word. "Stove" for Jcachel, 
"lot" for perceel, "bill" for rekening, are like Dutch- 
coined words and are in every respect like current legal 
tender, and the general practice of giving English verbs a 
Dutch ending has become quite legitimate, as "dinneren", 
"supperen", "fixen", "enteren", "boarden". More than 
once have I heard people say: "Ik groei koren" [from the 
English : I grow corn] . "Mijn buurman groeit tarwe ' ' [My 
neighbor grows wheat]. A woman said to me: "Ik heb 
acht kinderen gerezen" [I have raised eight children] . And 
not to multiply examples, I shall confine myself to three 
words borrowed from the vocabulary of Dutch ministers. 
I read the observation of one about a "nieuwsgierig" book 
[for "curious" he meant "merkwaardig"]. Another 
writes to me of a usurer in his city and calls that man a 
"dierbaar" evil [for "dear" he meant "duur"]. A third 
admonished his hearers — perhaps not entirely undeserved 
— against the desires of "de flesch" ["the bottle", though 
he meant "het vleesch", the flesh]. Let me hope that I 



232 IOWA JOURNAL OF HISTORY AND POLITICS 



myself was not guilty of similar heresies against the Eng- 
lish language that evening when I appeared before a very 
large audience in Rev. Thompson's church. 13 

The following day, Thursday, the cold had decreased a 
little. The air was still and clear, so that we gladly ac- 
cepted the invitation of a farmer, Mr. Muntingh, to inspect 
his farm. He came for us with his wagon. It was a pleas- 
ant ride of nearly an hour, through a broad, rolling country, 
which reminds one more or less of the beautiful stretches 
of Gelderland; but the fruitfulness of the rich lowlands of 
the Betuwe [of Holland] is characteristic of knolls here 
such as those of the Veluwe [a desert district of Holland], 
while the settlement is old enough to have wood and timber, 
something not usually to be found upon the prairies. Here 
and there in the distance appear farms with their barns and 
other buildings. In general they are not large, about 50 or 
60 acres. 

The superficial observer might think that the cheapness 
of the soil — although it has now risen considerably in 
value and price on account of cultivation — would cause 
large plantations to come into existence. But hindering 
this is the difficulty of very high wages: a reason why 
farmers cultivate their own lands with the aid of their sons 
or a single hired man, and indeed the soil does not become 
the worse for it. The master's own hand accomplishes still 
more than "the master's eye". 

And even though the men who have settled here thus far 
have not yet become capitalists, with industry, thrift, and 
perseverance nearly all have achieved a fairly large meas- 
ure of prosperity, and their own appearance as well as that 
of their houses supports this contention. Even their live 
stock — cattle and hogs — show that they fully enjoy the 
earth's fruits and that they are fed not only with hay and 

is The Dutch churches of Pella belong partly to the Dutch Eeformed Church 
and partly to the Christian Eeformed Church. For about fifty years one of 
them has had services in the English language. 



THE DUTCH COLONIES OF IOWA IN 1873 233 



slop but with excellent, life-giving Indian corn of which 
gigantic ears, solidly filled, are shovelled in great heaps 
before them. The farm of Mr. Muntingh is surely one of 
the finest. From a small balcony on which the windows of 
an upper room open we obtain a long-distance view of the 
surrounding country with its gently rolling surface which 
at this time charms the eye, the fields and acres being 
cleared of every ornament. It is too cold outdoors, how- 
ever, to stand still for any length of time — biting enough 
to teach me to appreciate the merits of my new motley- 
colored cap with ear-flaps, and to value doubly the taste 
of a good cup of Dutch coffee. 

To find the Dutch element here once more, not only in a 
coffee-cup of the fatherland but also in the whole life and 
being of a people, is a pleasure to us. And fortunately they 
are still genuine Hollanders, more so indeed than many in 
the fatherland, even though the language has been some- 
what forgotten. Though the form has changed, the good, 
substantial, pithy kernel has survived. 

It is just as difficult for the Netherlander to lose his 
traits as it is for the Moor or camelopard. In this way 
especially he shows his extreme tenaciousness. He con- 
firms also the old Latin proverb: "Coelum, non animum 
mutant, qui trans mare currant' \ 14 But he exemplifies 
just as much that other saying: "Omne bono viro solum 
patria". 15 Here he feels entirely at home, and although he 
likes to hear someone speak of his fatherland, he would not 
like to live there again. Indeed, to their domicile in this 
big country the people have much to thank: a substantial- 
ness, a feeling of power, a development, which society and 
life spontaneously produces here. The men have acquired 
a ripeness of experience, broadness of view, exactness of 

14 Those who cross the seas change their climate, not their nature. 

15 To the good man every country is a fatherland. 



234 IOWA JOURNAL OF HISTORY AND POLITICS 



judgment, and practical readiness ; and the women all pos- 
sess something of the lady, a characteristic of every Amer- 
ican woman no less in country districts than in the towns. 

With regard to the Hollanders in America I have ob- 
served in general that the people on farms have far sur- 
passed the immigrants in the large cities in progress and 
in prosperity. A ready explanation of this is to be found 
in our peculiar, plodding nature. In the cities, with their 
somewhat slower gait the Hollanders can scarcely compete 
with the extremely resourceful and alert Americans. There 
they fall into more or less straitened circumstances, pro- 
gress more slowly, and are usually of less account. In the 
farming communities (where they form a small society by 
themselves, are left more to themselves, and support and 
aid one another), it is different. Besides, what people in 
Europe do not altogether unjustly call rusticity (in French 
a boor is called a rustre), as opposed to urban polish and 
good-breeding, is found least of all among the farmers 
here. 

The last statement applies both to Holland in Michigan 16 
and to Pella. In other respects the two colonies differ con- 
siderably. Their soil and climate, and therefore their en- 
tire life is different. At Holland sandy soil, timber, and 
water; hence more shipping and trade; here a fertile soil 
with flourishing agriculture. Even the ruling passion of 
the people is somewhat different, as I was repeatedly as- 
sured by persons well acquainted with both settlements, a 
fact which is partly explained by the different personalities 
of the founders: Scholte differed much from van Eaalte. 
In Pella there is more show of outward prosperity: in 
Michigan there is more zeal for church and school. In the 
latter respect, however, there is not much cause for com- 
plaint at Pella, so we are told by the Eev. E. Winter who, 

16 Holland and Grand Bapids, Michigan, have attracted larger numbers of 
Dutch emigrants than Iowa. 



THE DUTCH COLONIES OF IOWA IN 1873 235 

having returned home, dines with us at the house of our 
hostess, out of whose cellar once more all sorts of excellent 
things appear upon the table. We are sorry that the time 
to leave approaches. But the appointments which I have 
made permit no postponement. My departure must re- 
main irrevocably fixed for the following day. 

Last evening a unique surprise awaited us. A singing 
and music society of Pella came to serenade us at candle- 
light, a token of honor which we had not figured on, least 
of all here in the far West. 

In every way the warmest cordiality and friendliness 
was shown us on the last morning. Many persons came to - 
visit us and gave us "souvenirs" to take along. Some also 
came to ask us to inspect a couple of work-shops or fac- 
tories. I refused because I felt somewhat tired and had 
letters to write. How sorry I was afterwards when I heard 
that the invitation was really an innocent stratagem to get 
us into a photographer's studio to have our picture taken. 
I should so much have liked to own a photograph made in 
Pella ! 

Orange City, la. November 23. 
For a couple of days now we have, really for the first 
time, been introduced to the pioneer's life. Here we are in 
the midst of an entirely new country, new even in this New 
World, in a colony established only two years. We are 
privileged to see a settlement in a state of origin and first 
growth. As a matter of fact this colony is sprung from 
Pella. 17 These settlements in America remind one of the 
famous baobab tree whose full-grown branches bend down, 
become rooted in the earth and grow as new trees around 
the old mother-trunk. The wide-awake spirit of enterprise 
shown by the reclaiming farmer is handed on from father 

17 The Sioux County colony, established in 1870, to-day consists of about 
15,000 Hollanders. 



236 IOWA JOURNAL OF HISTORY AND POLITICS 



to son ; and when all the land in one neighborhood has been 
bought up and put under cultivation, the atmosphere be- 
comes too close for a new generation which then goes to 
seek a virgin soil elsewhere and to conquer a new country 
with spade and plow. 

Such is the story here. A wide-awake, enterprising man, 
H. Hospers, became the father of this colony. He united 
with Rev. S. Bolks, a worthy, old minister, one of the first 
settlers, 18 who was to aid him with his ripe experience and 
spiritual influence, and — the youthful settlement shot up 
from the fertile prairie soil, luxuriant and powerful, to 
become what we now see it is. 

It is no wonder that Mr. Hospers 19 was "angstig" 
(anxious) — as it is called in American-Dutch — to have 
us visit his new city; and it will excite even less surprise 
when I say that we had no thought of refusing but eagerly 
seized the rare opportunity to see a community in the "Far 
West" in its childhood. But I must return to the regular 
course of my narrative. 

Friday we left Pella at three o'clock in the afternoon. 
After many a warm and vigorous hand-shake with trusty 
friends who later waved us a parting good-bye, we steam 
away past the pretty "College" and the parsonage of our 
friend Thompson, and see the little city disappear behind 
us. We leave it with regret, but yet enriched with a good 
and happy remembrance, and with the pleasant conscious- 
ness of having made and left friends there too, who shall 
forget us as little as we them. 

One of them, to our momentary pleasure, we need not 
leave behind. Mr. J. P. Bousquet is to accompany us to 
Orange City, a truly delightful companion on the long 
journey. We pass through the Des Moines Valley, usually 

1 8 Eev. Seine Bolks was one of the pioneer settlers of Overysel, Michigan, 
in 1849, and was called to preach at Orange City in 1872. 

19 See footnote 1. 



i 



Til E DUTCH COLONIES OF IOWA IN 1873 237 

at a considerable distance from the river. In the afternoon 
we arrive in the city by that name, the State Capital, a 
growing little place of nearly 13,000 inhabitants, which is 
bent upon being very much more respectable later on. Now 
a capitol or government building is being built for $3,000,- 
000. From there the journey is continued by way of 
Chicago, a small place which has only the name in common 
with the wonder-city of Illinois, and we reach Fort Dodge 
at nine o 'clock in the evening, where we spend the night. 

The journey itself offers little worth seeing: a constant 
succession of undulating fields, " rolling grounds". At 
first, along the road, we see prairie fires, especially notice- 
able in the dark, sometimes three or four on the horizon at 
once. These fires are started in order to clear away the 
prairie-grass or layer of sod, or to consume the roots and 
stalks of dead plants, and to fertilize the soil with ashes. 
I fancy that anyone who has read a brilliantly poetical 
account of a prairie fire and seen it likened to " a rolling sea 
of fire, miles in extent, sweeping forward on its destructive 
course, driving before it whole herds of wild buffaloes, 
deer, and antelopes, dashing along helter-skelter in desper- 
ate terror," shall feel disappointed when he gets to see 
nothing more than low-lying flames, advancing slowly over 
the surface of a field bounded by furrows in order to pre- 
vent the fire from spreading too far. 

The sight does not impress one much, at least near by, 
and I am not surprised that a certain traveler avenged the 
disenchantment of his high-strained expectations with the 
disdainful exclamation : " A spectacle to be hissed at ! ' ' Of 
animals driven on in terror, not a sign here ! Indeed buf- 
faloes and deer have long since disappeared, and almost 
the only living inhabitants of these fields are the so-called 
prairie-dogs, a sort of large marmot, called dogs from their 
peculiar bark, — pretty, sociable little creatures which live 



238 IOWA JOURNAL OF HISTORY AND POLITICS 



together in small mounds, and upon the approach of danger 
creep into their subterranean passages; or the prairie- 
chickens, which know how to get away fast enough when 
the fire approaches. All this does not gainsay the fact that 
on a still night, observed from a distance, these prairie fires, 
with ruddy glow reflected from the dark sky, present a 
unique picture, and lend to the broad stretches of undulat- 
ing prairie a sort of grand wildness. 

Otherwise, as I said, little variation. Now and then a 
boy throws on our laps a slip of paper with some alluring 
advertisement or other, of "Capital New Books" or "At- 
tractive New Books", or of "the delicious and only gen- 
uine Crystal Maple", or "Caramels, nutritious and 
healthful, may now be obtained of the News-agent on this 
train", with the remark: "You will like them". Or a man 
maimed in the war (it is the first begging that I have met 
with on this side of the Ocean) brings us a ballad: "The 
Soldier's Lamentation", a sad but not entirely poetical 
elegy. 

We for our part gave way to no lamentation when we 
finally reached our destination. Just as little did we shout 
for joy when we saw the hotel to which we were taken after 
our arrival at Fort Dodge. It is a large but hollow and 
unsociable building, which very much resembles an enor- 
mous shed. But we have little right to expect more in a 
small place of 2000 inhabitants, in the midst of a world still 
half -peopled ; and the best we can do is not to stay up long 
in the bare, ill-lighted bed-room, the more so since we are 
to be called the next morning terribly early, at a quarter to 
four o'clock, to be ready in time to continue the journey. 

Luckily, the next morning — really long before it was 
morning — we did not miss roll-call. By candlelight we 
hastily made our toilet for the journey, no less hastily we 
partook of a "wheat-cake" with tea in the "bar-room", 



THE DUTCH COLONIES OF IOWA IN 1873 



239 



and then wrapped up as warmly as possible. With our 
friend Bousquet and Mr. Hospers (who had arrived the 
previous evening from the other direction to conduct us to 
his colony) we took seats in the omnibus, a large vehicle 
with canvas, flapping in the morning wind, fastened from 
the top along the sides. It was absolutely dark in the 
little town, and no one will be surprised if I retain nothing 
but a dim recollection of Fort Dodge. 

It was a pretty long ride to the station of the St. Paul 
and Sioux City Eailroad. If there has been a prodigal 
expenditure of money on this railway, it surely was not 
spent on the station constructed of rough timber, as plain 
and primitive a structure as can be imagined, whose great 
merit consists in being in absolute harmony with the sur- 
rounding country. We have still a while to tarry; but at 
last the shrieking whistle is heard, and — there he comes, 
appearing out of the darkness of night, "the fierce sala- 
mander, who vomits fire from his belly, and rattles over 
the earth". A minute's stop — and we are lifted up, enter 
our "car", throw aside mantle and overcoat with our small 
amount of baggage, and warm our benumbed fingers near 
a glowing stove. 

Verily, one must have visited America, especially such 
wild, lonely regions, to realize fully the value of the rail- 
road, to feel the full significance of the invention of our 
nineteenth century, and to reverence it as the symbol of 
progress and civilization. Even the prosperous but quiet 
town or little city of some corner of Holland, when at last 
it sees the approach of the iron road which brings con- 
nections with the big world outside and pulls it out of its 
lonely isolation, can feel rejuvenated and renewed. But in 
order to see and feel entirely from one's own experience 
what the railroad is, brings, accomplishes, one must be 
suddenly transplanted (like ourselves) at a cold hour of 



\ 



240 IOWA JOURNAL OF HISTORY AND POLITICS 

early morning from a crude log house, lonely in the midst 
of a dark wilderness, to a swift-rushing railway chamber, 
spacious and sociable, with its easy, well-cushioned chairs, 
near a stove with a cheerful, rosy glow. As by a stroke of 
magic one seems transferred from the inhospitable wilder- 
ness to the world of human beings, to civilized society. 20 
I understand better than ever why Americans are enthu- 
siastic over railroads. The old Eomans, it is well said, 
conquered and subdued barbarians more perhaps by means 
of roads than with armies. Americans, too, are conquering 
with railroads. The railroad train is the battering-ram, 
paving the way for civilization, which shall people and till 
the wilderness and transform the prairies which have lain 
fallow for centuries into the fields for which God has cre- 
ated them. 

Here the whole country is still practically wild, as we see 
when day begins to dawn. Now and then we stop for a 
moment and see a station of logs or boards, more primitive 
even than the one we left this morning, or a lone farm, and 
— once more we are speeding over interminable prairies 
with not a sign of habitation. Always, invariably the same 
view, with a single exception, as when we steam past a 
large body of water, Storm Lake, or when at noon we arrive 
at the village of Cherokee, on the banks of the Little Sioux 
Eiver, a prosperous town which had hardly four log houses 
two years ago — now, opposite a fine church, stands a large 
" College' ' building with broad wings and neat tower. 
Most of the houses which line the road are extremely prim- 

20 Mr. Stuart subjoined this footnote: "In those American railway coaches 
one sees all sorts of things which one should not expect to find or look for in 
the European cars. Among them we discover Bibles and 'Hymnbooks' on 
book-shelves, and against one of the walls a few saws and axes. Upon asking 
what purpose the latter serve, we are informed that they may be of use to the 
passengers, if an accident should happen and the coach should be overturned, 
to chop or saw a way out through the woodwork. The axes can also be used 
in case of an attack by Indians. All sorts of excellent precautions, but not 
entirely tranquillizing to any one who has at all a lively imagination ! 1 ' 



THE DUTCH COLONIES OF IOWA IN 1873 241 



itive. Above a front of unplaned boards, nailed against 
the sides of rough logs, a board with large letters and some- 
times with a showy superscription announces the existence 
of a hotel or a shop such as certainly no foreigner would 
expect to find there. 

At three o'clock in the afternoon we arrive at Le Mars 
station, where we must get off. We find there, besides a 
couple of carriages which are ready to convey us and our 
baggage eighteen miles farther to Orange City, a few 
gentlemen of whose probable coming Mr. Hospers had told 
me. They formed a deputation from Sioux City, and came 
in the name of the Mayor and Council of that city to press - 
me with an invitation to see an Indian camp situated in 
their vicinity. How I should like to have accepted that 
invitation! 21 Alas, that I had to refuse! I perceived that 
such a digression would require at least three full days, 
and I had no time to give away. To lose such a unique 
opportunity, however, grieved me terribly. I know that I 
shall always regret my action. If I shall ever again be 
allowed to undertake such a distant journey, I shall not 
tie myself down so closely to definite engagements. 

But the time came for us to continue our journey to 
Orange City, if we were to arrive there before dark. In 
Mr. Hospers' "buggy", open in front, drawn by a team of 
spirited horses, we started on our way. Road is — to be 

21 il That their invitation was serious," wrote Mr. Stuart, "I gathered from 
a newspaper in which I found a short article under the headline : ' An Eminent 
Foreigner's Visit to Our County', which contained the following: 'We are 
informed that a well-known clergyman from Holland with his lady is ex- 
pected for a few days in the new Dutch settlement of Orange City. We sug- 
gest that he should be urgently invited, whilst staying in the neighborhood, to 
visit our City, as a guest whom we would be honored to entertain.' Never 
have I felt so strongly as in America how the importance of a thing — or of a 
person — can change and increase by exporting alone. The farther I got 
from home, the bigger I seemed to grow. Fortunate is the person who has a 
certain amount of self -consciousness and knows his own worth or lack of 
worth, independently of external circumstances. " 

VOL. XI 16 



242 IOWA JOURNAL OF HISTORY AND POLITICS 

honest — mere euphemism here, a figurative expression, a 
sort of poetic license ; as for a highway, there was none or 
just a trail. The boundless prairie lay spread out before 
us, and driver and horses knew their course. It was a ride 
not without its peculiar enjoyment. True: it was bitterly 
cold in the wind which swept unobstructed from the North. 
I could only imagine how very different things must be in 
summer when the thick, soft carpet of dark green grass 
appears dotted with flowers of all colors; but even so, 
despite the barrenness, wildness, and monotony of the 
scene, yea by reason of these, there is something grand and 
awe-inspiring in the landscape. 

Nothing impedes or interrupts the view, whithersoever 
one looks. No hill or rock, not even a house or tree, not a 
single sharp line. Nothing, absolutely nothing but the vast, 
broad prairie ! And yet it is very different from the single 
horizontal line which describes our low, level meadows in 
Holland: 22 an endless succession of irregular, undulating 
slopes which seem to extend one's circle of vision indefinite- 
ly. There is an inexpressible charm, something solemn, 
mysterious in the nature of the landscape which speaks to 
the imagination and even to the heart. It awakens a con- 
sciousness such as that aroused by a view of the ocean; 
yes, in a certain sense it is even stronger here. There, in 
boundless space is the unending monotony of restless water ; 
here, over the vast but motionless waves, petrified as it 
were, reigns a deep, solemn stillness, emblematic of peace 
and immortality, but also of fresh, free, invincible power. 

Indeed, there is poetry in the picture, and I realize now 
why the Arab waxes enthusiastic over the desert; I under- 
stand now why the poetical soul of such a person as Miss 

22 "A certain painter once sketched a Dutch landscape with a single stroke 
of the brush: one straight, horizontal line. Fortunately we in our country 
have colors and tints for lines. The first painters of nature and landscapes 
after the days of the Eenaissance were Hollanders. ' ' 



THE DUTCH COLONIES OF IOWA IN 1873 243 



Currer Bell loves the monotonous heath of North-England 
more than the most picturesque landscape; I can almost 
explain what people here say of a settler of the prairies, 
who complained of being stifled when he caught sight in the 
distance of smoke rising from the chimney of a "neighbor" 
who had located twenty miles away ! 

However, we do not yet feel like that. Our love for the 
wilderness had not been put to a severe or lengthy test, and 
yet, I shall frankly confess it, despite all our poetical con- 
templations, for which it was indeed really a bit too cold, 
for the moment we had enough of the wilderness. Man is 
by nature, after all, a social animal. With unfeigned 
pleasure we saw, towards the end of our long ride (for it 
had gradually become quite dark) the gleam of a little lamp 
here and there which told of human life, and at last our 
neighing horses come to a stand-still ; a door opens, and — 
we are given a most friendly welcome into a sociable house- 
hold. 

Such a journey through the cold night wind of the 
prairies is a good way to make one feel (as one does not 
likely think of it under other circumstances) what a blessing 
it is to find a roof and the pleasure of a hearty, hospitable 
reception. And here it is a warm reception in every way. 
Near the companionable, singing tea-kettle, surrounded by 
the family of our host, in the midst of which the friendly, 
worthy dominee Bolks, no less sociable, sits smoking his 
fatherland's pipe, we at once feel ourselves at home; and 
afterward when the young people gather about the organ 
and sing us a few four-part songs, it is hard for us to 
realize that we are in the heart of a newly-occupied prairie 
country. 

We were all the more surprised on awaking and looking 
around the next morning. It was Sunday, and a Sunday 
which I shall not very easily forget. What a quiet, almost 



i 



244 IOWA JOURNAL OF HISTORY AND POLITICS 

holy Sabbath stillness broods over that scene! A fresh, 
but not cold, morning breeze greets us and the sun casts its 
friendly rays over that boundless space. Orange City is 
situated upon somewhat rising ground, and the broad, open 
landscape extends in all directions. "The world looks big 
when you approach the Missouri'', I had read somewhere, 
and it is true. Such vast space, and such stillness, serious- 
ness, and peace ! How well does the fresh, youthful, simple 
life of the little colony harmonize with quiet, pure, virgin 
Nature ! About us the little settlers ' town with its widely- 
scattered wooden houses, and beyond, here and there, at a 
great distance, a little blue cloud of smoke rising from the 
green field of this or that farm hidden in the folds of the 
undulating prairie. 

But see, gradually there comes a stir ! Miles away we 
see them approaching from all directions, this morning's 
people on their way to church: here a light buggy or an 
open wagon, yonder a slow-moving ox cart, or a horseman, 
also a single amazon, a stout, young farmer's daughter who 
comes galloping over the fields, a delightful sight to see. 
But whether they come fast or slow, they arrive in time : 
those who must travel long distances are seldom late. 

We too betake ourselves to the large "public square", as 
the place is proudly called, where the settlers already 
imagine they see noble buildings but which is now nothing 
more than a sketch, an open plot of land surrounded by a 
few small dwellings and four rows of trees which can stand 
in our shadows. But just now we see a big stir there. 
Horses and oxen, unhitched, are tied to posts or allowed to 
graze, and men and women form groups here and there in 
front of blacksmith shop and church. 

Of that church entertain no lofty expectation ! It is in- 
deed the most unsightly structure in which I have ever 
preached. Imagine a small rectangular building of boards, 



THE DUTCH COLONIES OF IOWA IN 1873 245 



perhaps ten metres long and five metres wide, with a stove 
in the center and benches around it. That is the school. — 
Perpendicular to this school-room at one end, like the upper 
part of the capital letter T, there is a shed with a few 
rough, unplaned boards on supports to serve as pews, and 
against the back wall opposite the entrance stand a chair 
and table for the minister. This shed and the school-room 
together form the church. During the week on school-days, 
the partition between the two rooms is closed, but on Sun- 
day for church services boards are removed from the upper 
part and the church is then ready to receive an audience. 

To be sure this is something quite different from a stately 
gothic cathedral or the beautiful marble church edifices of 
New York, but it appeals no less to the emotions; yes, I 
even dare assert, it is no less picturesque to the eye. It 
reminds me of Schwartz's picture of the barn where the 
Pilgrim Fathers in America first worshipped God. Would 
that my friend Bosboom, who understands so well the 
charm of light and brown and knows how to put feeling 
and even poetry into a stable or a landscape, would that he 
were here for a short quarter of an hour to catch the ray of 
light which the pale winter's sun causes to play through 
the little open side-window against the dark wainscot and 
upon so many quiet and pious upturned faces; or would 
that Eochussen could reproduce that audience with a few 
of his ingenious, characteristic figures: men with quiet 
power and strength written in their bearing and upon their 
faces, and women some of whom were nursing children, 
with hands clasped in prayer which was none the less real 
although they embraced that which was to them most pre- 
cious on earth. I have seldom if ever been more inspired 
by an audience than the one in the midst of which I was 
permitted to stand that morning, and if I returned any of 
the inspiration which those hearers unconsciously gave to 



246 IOWA JOURNAL OF HISTORY AND POLITICS 



me, that Sunday morning on the prairies was not entirely 
lost for eternity. 

In the afternoon I preached a second time. They did not 
need to ask me twice. I then served as the messenger of 
good tidings. A respectable donation had just been made 
by the Synod to permit them to begin the construction of a 
church edifice. For its part the congregation will not be 
behindhand in offering its contributions, and it will prob- 
ably not be long before the people may rejoice in the pos- 
session of their own church. 

Another sociable evening we spend in interesting con- 
versation, mostly of course on the subject of colonies and 
colonization, in the house of the minister, of whose wife we 
take our leave. He himself intends to get up tomorrow to 
take us to the station. 

St. Paul, Minnesota, Nov. 25. 

Early Monday morning we left Orange City with a 
peculiar feeling of melancholy. Not only had it done us 
good to be there, but it was also the westernmost point 
which we reached, just half-way across the continent, in 
northwestern Iowa, near the Dakota border, the extreme 
frontier as it were of civilized life. Our course was now to 
be northward to see something of that Minnesota whose 
name we had so frequently heard in the fatherland. 

It was early Monday morning when we had to get ready. 
At half-past five we sat at breakfast and one hour later we 
were on the wagon which was to convey us, under the 
guidance of Messrs. Hospers and Bolks, with our friend 
Bousquet, to the station of the St. Paul & Sioux City Rail- 
road, this time a different station, nearer than the one at 
which we arrived Saturday. If Le Mars is eighteen miles 
distant, East Orange 23 is not more than a forty-five minute 

23 The town of East Orange is now Alton, about three miles east of Orange 
City, the seat of justice of Sioux County. 



THE DUTCH COLONIES OF IOWA IN 1873 



247 



ride from Orange City. There we bade good-bye to our 
host, departing at 7 :25 on the train to the Northeast. We 
were soon to be reminded of him, for the next station was 
named after him: Hospers. But really we shall think of 
him and his colony often enough without such reminders. 



THE CAPTURE OF GENERAL MARMADUKE BY 
JAMES DUNLAVY AN IOWA PRIVATE 

CAVALRYMAN 

Fame usually comes to men in an instant of time. The 
man of obscure name to-day may be receiving the plaudits 
of the public tomorrow. Lord Byron, after publishing his 
critique entitled English Bards and Scotch Reviewers, 
awoke one morning, as he himself has stated, and found him- 
self famous. Robert Burns, one of the world's greatest 
poets and song writers, left his plow in the field near his 
humble Ayrshire home, and under the spur of necessity 
published a small volume of poems. He immediately found 
himself courted and admired by the foremost literary and 
intellectual people of the Scottish capital. When a call for 
volunteers was issued during the Spanish- American War 
for men to sink the Merrimac in the channel of Santiago 
Bay, Lieutenant Richmond P. Hobson responded, and with 
seven men performed a deed of heroism rarely equalled in 
history. He literally leaped into fame on account of the 
successful performance of this daring enterprise. In- 
stances of a similar character might be greatly multiplied. 

In like manner, though in a lesser degree, enduring fame 
came to an Iowa private cavalryman during the closing 
months of the War of the Rebellion. This soldier was 
James Dunlavy, of Company D, Third Iowa Cavalry. A 
single act of bravery, but which clearly showed the heroic 
spirit of the man, was sufficient to place his name high 
upon the scroll of honorable achievement. It was an act 
which entitles him to lasting remembrance in the annals of 
Iowa, and which must ever be regarded with pleasure and 
pride by his descendants. 

248 



THE CAPTURE OF G EN E UAL MA KM A DUKE 249 



James Dunlavy was born in Decatur County, Indiana, on 
February 4, 1844. At the age of four years he came with 
his parents, Mr. and Mrs. Harvey Dunlavy, to Davis Coun- 
ty, Iowa. Here he attended the common schools of the 
county, and grew into a vigorous young manhood. His 
father, Harvey Dunlavy, was a prominent and influential 
citizen. He was a lawyer, but he also devoted considerable 
time and attention to farming, and although not an office- 
seeker he was nevertheless called by the citizens of Davis 
County to various positions of trust and honor. He was 
twice elected to the lower house of the State legislature, 
and served during the regular and extra sessions of the 
Eighth and Ninth General Assemblies. 1 He reared a large 
family, members of which still reside in Davis County. 

James Dunlavy, although under the age of eighteen 
years, proffered his services to his country when the Civil 
War broke out, first enlisting in Company F, Thirtieth 
Iowa Volunteer Infantry, but he was rejected by the 
mustering officer on September 23, 1862. 2 Nothing daunted 
by his rejection, however, he again offered his services, re- 
enlisting in Company D, Third Iowa Cavalry, on November 
30, 1863. He was mustered into the service on January 15, 
1864, and mustered out on August 9, 1865, at Atlanta, 
Georgia. 3 At the close of the war, he returned to his home 
in Davis County, and soon thereafter took up the study of 
medicine, graduating from the Keokuk Medical College in 
1870, and for a period of thirty-two years he successfully 
practiced his profession at Stiles, in Davis County, where 
he was well and favorably known. On March 24, 1870, Mr. 
Dunlavy was united in marriage to Letitia C. Von Achen, 
and to them four children were born: C. A. Dunlavy, now 
residing in New York City; S. W. Dunlavy, M. D., of 

1 Iowa Official Register, 1911-1912, p. 83. 

2 Roster of Iowa Soldiers, Vol. Ill, p. 1510. 

3 Boster of Iowa Soldiers, Vol. IV, p. 489. 



250 IOWA JOURNAL OF HISTORY AND POLITICS 



Cherryvale, Kansas; H. D. Dunlavy, 4 of Ottumwa, Iowa; 
and Mrs. M. A. Hedges, of Washunga, Oklahoma. 5 In 
1892, Dr. Dunlavy removed from Stiles to Maramec, Okla- 
homa, where he now resides. 

It was while serving as a private in Company D, Third 
Iowa Cavalry, that James Dunlavy performed a deed 
which entitled him to recognition as a brave and gallant 
soldier, and proved him equal to the demands of war as 
well as of peace. On the 25th day of October, 1864, single- 
handed and alone, while suffering from a severe wound in 
the right arm caused by a missile thrown off from a burst- 
ing shell, and while riding a horse which had been wounded 
by the same shell, Dunlavy captured and received the 
surrender of the Confederate Major General, John S. 
Marmaduke, at Osage, Kansas. This feat is unique in that 
it is probably the only instance in recorded history of the 
capture of a Major General by a private soldier on the 
field of battle. 

The battle of Mine Creek, at Osage, Kansas, was fought 
on the 25th day of October, 1864. The firing began early 
in the day, and culminated about 8 o'clock a. m. in the 
defeat of the Confederates. The Union forces, comprising 
ten brigades of cavalry, were commanded by Colonels 
Benteen and Phillips. The shattered forces of the Confed- 
erate General, Sterling Price, were rapidly falling back, 
with the Federals in close and vigorous pursuit. General 
Marmaduke had been assigned the task of holding the 
Federal troops in check until Price's train could cross Mine 
Creek. Benteen was on his right, Phillips was on his left, 
and Mine Creek was in the rear. General Marmaduke 's 

* The writer hereof acknowledges his indebtedness to Mr. H. D. Dunlavy, of 
Ottumwa, for valuable information concerning the life of Dr. Dunlavy, and for 
much information from Dr. Dunlavy himself regarding the capture of General 
Marmaduke. 

5 History of Davis County, p. 670. 



THE CAPTURE OF GENERAL MARMADUKE 251 

position therefore was anything but enviable. The col- 
umns of Benteen moved forward with precision and 
determination, and fell upon Marmaduke's troops with 
irresistible force, capturing his artillery and putting to 
rout his center and right. 6 

Upon the extreme right of the Third Iowa rode private 
James Dunlavy. Notwithstanding the fact that both him- 
self and horse had been wounded, the young soldier, who 
had not yet attained his majority, refused to go to the rear, 
but on the contrary kept his place at the front and in the 
line of battle, thus displaying high courage and efficiency 
as a soldier. As Marmaduke's men broke before the ter- - 
rific onslaught of Benteen 's forces, Dunlavy 's horse 
suddenly wheeled to the rear. 

When he had succeeded in bringing his frightened and 
unruly horse to the front again, Dunlavy beheld to his sur- 
prise that his brigade was far in advance of him. Looking 
to the right across the level field he saw some troops who 
he supposed from their appearance were Federals, and he 
spurred his horse toward them. But another surprise 
awaited him, for he soon discovered that, although dressed 
in Federal uniforms, they were in fact some of Marma- 
duke's men in full retreat. He also observed upon the 
field an officer in Confederate uniform. This officer started 
toward Dunlavy, riding at a rapid gait, and shouting to 
him: "What do you mean by firing at your own men?" 
Whereupon, Dunlavy brought his gun to his shoulder and 
fired point blank at the Confederate officer, but owing to 
the great distance intervening and the wounded condition 
of his arm, the charge from his gun proved harmless and 
the life of the officer was saved. 

Dunlavy then reined his horse to a trot, and the officer, 
who continued to advance rapidly, was soon at his side, 

$ Roster of Iowa Soldiers, Vol. IV, p. 435; and Crawford's Kansas in the 
Sixties, pp. 157-164. 



252 IOWA JOURNAL OF HISTORY AND POLITICS 

evidently in the belief that Dunlavy was one of his own 
men. The young cavalryman, however, was master of the 
situation. He saw at once his opportunity and his duty. 
He immediately brought his carbine to his shoulder and 
demanded the officer's revolver, at which the officer ap- 
peared greatly surprised; but as he gazed into the clear, 
steady eyes and determined face of the young soldier, 
General Marmaduke realized that the youth meant busi- 
ness, and he replied, "I surrender; I thought I was with 
one of my own men". Thereupon he handed over his 
pistol. 

Having displayed courage and coolness which would have 
done credit to a man of maturer years, Dunlavy next sought 
to deliver his prisoner to some one authorized to receive 
him. He therefore immediately started to the rear with 
the prisoner. A Federal officer who was in need of a horse 
asked Dunlavy for the horse of the prisoner, whereupon 
Dunlavy ordered his prisoner to dismount and deliver the 
horse to the Federal officer, which order General Marma- 
duke obeyed in the coolest possible manner and in the most 
approved military style. Both being now dismounted, 
Dunlavy again started for the rear with his prisoner on 
the double quick. They had not gone far, however, when 
the captive General stated to his captor that he had been up 
all night and was exceedingly weary and sleepy and asked 
to be allowed to slow down to a walk. This request was 
granted, but when he asked for a horse he was advised by 
Dunlavy that he could not have one. General Marmaduke 
then asked to be taken to General Pleasanton, stating that 
he was personally acquainted with that officer ; and to this 
request Dunlavy replied that if the officer named could be 
found the prisoner should be permitted to see him. General 
Marmaduke remarked, "I will tell you who I am;" but at 
that moment a member of General Pleasanton's staff came 
up, and the prisoner introduced himself. 



THE CAPTURE OF GENERAL MARMADUKE 253 



Again Dunlavy started to the rear with his distinguished 
prisoner, who asked him into the hands of what troops he 
had fallen. Upon being informed that he had been cap- 
tured by a member of an Iowa regiment, he remarked that 
he was glad he was in the hands of Iowa troops instead of 
Kansas troops, apparently believing that he would fare 
better among the former than among the latter. They had 
gone but a short distance when they met General C. W. 
Blair, to whom Dunlavy delivered his prisoner. Thereupon 
General Blair procured a horse for General Marmaduke 
and, turning to Dunlavy, requested him to accompany them 
to the headquarters of General Curtis. Blair introduced 
Marmaduke to General Curtis, and immediately afterward 
presented James Dunlavy as the captor of the Confederate 
General. General Curtis gazed for a moment at the youth- 
ful hero, and then remarked that he and Dunlavy were from 
the same State, and that he was acquainted with the young 
man's father. 

Having made the proper disposition of his prisoner, Dun- 
lavy started in the direction of the field hospital for the 
purpose of having his wounded arm dressed, when a Fed- 
eral officer rode up to him, grasped his hand and shook it 
warmly, and said: "My boy, you will hear of this day's 
work in years to come. 9 1 

Thanking the officer for his kind words, he continued his 
journey to the hospital, where his wound was dressed, and 
he then set out for the front in company with a comrade. 
He had not traveled far, however, before his wounded arm 
began to bleed and cause him great pain, and he at length 
decided it would be best to return to Fort Scott. That 
night it rained, and Mr. Dunlavy in writing of his experi- 
ence on this occasion, said: "My feelings can better be 
imagined than described. A boy away from home the first 
time, a stranger in a strange place, wet, wounded, dirty and 
homesick. But General Blair sent for me, and treated me 



\ 



254 IOWA JOURNAL OF HISTORY AND POLITICS 

with great kindness. A load was thus removed from my 
heart, for which I shall always be grateful." 7 

As soon as his arm was well enough for duty, Dunlavy 
left Fort Scott, rejoined his regiment, and remained with 
it through all of its campaigns in Missouri, Tennessee, and 
Georgia, until finally mustered out, proving himself upon 
all occasions a brave, faithful, and dutiful soldier. 

Among the most valued and cherished mementos now in 
the possession of Dr. James Dunlavy is a case containing 
two very handsome gold mounted Colt's navy pistols, pre- 
sented to him by Major A. C. Van Duyn, upon behalf of 
the citizens of Fort Scott, Kansas, in recognition of his 
gallant conduct in the capture of General Marmaduke. 
This case of pistols was accompanied by a letter, of which 
the following is a copy : 

Fort Scott, Kan. Decbr. 15th, 1864. 

James Dunlavy, 

Co. D. 3d Iowa Yet. Cavly — 

Sir : I am delegated by the citizens of Fort Scott to present 
to you this case of pistols, as a testimonial of your distinguished 
services and bravery in the capture of Maj. General Marmaduke, 
at the battle of Osage, Kansas — Oct. 25th, 1864. 

With just pride, they make this acknowledgment to a private 
soldier. They, after all, are the real heroes, in this costly and 
bloody struggle for national life. 

Your patient, soldierly deportment, while in hospital, suffering 
from your wound, has not been unnoticed; and now as you are 
about to go again to the field, they bid you Godspeed, hoping that 
the blessings of heaven, and the honors of the Republic may be 
yours. 

Truly your friend, 

A. C. Yan Duyn. 8 

Inside the lid of this pistol case is a small plate, on which 
is engraved the following inscription: 

7 Uncle Sam Medals of Honor. This is a volume containing accounts of the 
medals awarded to Union soldiers in recognition of distinguished services. 

s Original in the possession of Dr. Dunlavy. 



THE CAPTURE OF GENERAL MARMADUKE 255 



Fort Scott, Kansas 
PRIVATE JAMES DUNLAVY 
Co. D, 3rd Iowa Cav. 
Captor of Maj. Gen. Marmaduke 
Osage, Oct. 25th, 1864. 

Dr. Dunlavy also has a very fine album, and a handsome 
copy of the poetical works of Thomas Moore, presented to 
him at the same time by the ladies of Fort Scott, on account 
of his gallant conduct in capturing General Marmaduke. 

Furthermore, the Board of Supervisors of Davis County, 
Dr. Dunlavy 's former home, adopted and placed on their 
records the following resolution, a copy of which was sent 
to Dunlavy : 

Bloomfield, Iowa, Jan. 5, 1865. 
Whereas, it has come to the knowledge of the citizens of this 
County that private James Dunlavy, Co. D, 3rd Iowa Cavalry, did 
in the late battle of Mine Creek, Kansas, between the Federal and 
Rebel forces, after being severely wounded in the arm, by his own 
personal daring and courage, rush upon and compel the noted 
General Marmaduke (Rebel) to surrender to him as a prisoner of 
War, 

Therefore, be it resolved, that we hereby tender to the said James 
Dunlavy the thanks of the citizens of this County for his brave, 
faithful and distinguished services. 

Be it further resolved that the Clerk of the Board of Super- 
visors be directed to spread this proceeding upon the record of this 
Board and that he furnish the said James Dunlavy with a copy of 
same under seal. 

I, William Law, Clerk of the Board of Supervisors of Davis 
County, Iowa, hereby certify that the foregoing is a correct copy 
of proceedings had by said Board at its January Term, 1865. 

Witness my hand and official seal this 12th day of January, A. D., 
1865. 

(Signed) Wm. J. Law, Clerk. 9 

There are yet other testimonials to the distinguished 
service of the young soldier, among which may be men- 

9 Supervisors' Becord of Davis County, Book "A", p. 381 (1861-1868). 



256 IOWA JOURNAL OF HISTORY AND POLITICS 



tioned a very handsome medal of honor awarded to him by- 
Congress in January, 1865, and which is highly prized by 
Dr. Dunlavy. The presentation of this medal was accom- 
panied by a letter from the War Department, which reads 
as follows : 

War Department, Adjutant General's Office. 

Washington, March 29, 1865. 
Sir: Herewith I enclose the medal of Honor which has been 
awarded you by the Secretary of War under the Resolution of 
Congress approved July 12th, 1862, to provide for the presentation 
of Medals of Honor to enlisted men of the army and volunteer 
forces who have distinguished or may distinguish themselves in 
battle during the present rebellion. Please acknowledge the receipt 
of it. Very Respectfully, 

Private James Dunlavy, Your obedient servant, 

Co. D, 3rd Iowa Cav. G. D. Townsend, 

Assistant Adjutant General. 10 

On the back of the medal is engraved the following in- 
scription : 

THE CONGRESS 

TO 

PRIVATE JAMES DUNLAVY 
Co. D, 
3rd Iowa Vet. Cavl. 

Finally, there is still another testimonial to James Dun- 
lavy J s bravery which should not be overlooked. Major 
Jones, in his official report giving an account of the battle 
of Mine Creek, wrote as follows : 

"We charged the enemy, breaking his right and center, killing, 
wounding and capturing many of his men. Among the captured 
were Generals Marmaduke and Cabell, the former by Private 
James Dunlavy, of Company D, and the latter by Sergeant C. M. 
Young, of Company L, both of the Third Iowa Cavalry. 11 

Considering the distinction of the prisoner, the extreme 

10 Original in the possession of Dr. Dunlavy. 

11 Boster of Iowa Soldiers, Vol. IV, p. 435. 



THE CAPTURE OW (JKNKKAL MA KM A DUKE 257 



youth of his captor, the courage and promptitude displayed 
by the latter in a trying and critical moment, and the clear 
and satisfactory evidence establishing the authenticity of 
the heroic deed, Private James Dunlavy is justly entitled to 
be honored as one of the bravest private soldiers in the 
Union Army during "the days which tried men's souls.' 7 

Thomas Julian Bryant 

Griswold, Iowa 



VOL. XI — 17 



CAPTAIN EDWIN V. SUMNER'S DRAGOON EXPE- 
DITION IN THE TERRITORY OF IOWA IN 
THE SUMMER OF 1845 

INTEODUCTION 

The opening of the vast trans-Mississippi region to 
settlement necessitated something more than the mere pay- 
ment of the purchase money to Napoleon: to occupy this 
Indian country under the cloak of legality the United 
States was confronted with the problem of procuring land 
cessions from the numerous tribes of Indians who claimed 
the country as the hunting-grounds inherited from their 
fathers. Accordingly, treaties or contracts of sale were 
entered into, and to prove its good faith the government 
generally stationed a fort with a body of horse troops in 
the neighborhood of the Indians to protect them in their 
treaty rights against that element of the American popula- 
tion which was always over-anxiously pushing its way into 
the Indian country to grab the best sites for farms. 

The United States government wanted to preserve order 
upon the frontier, to prevent clashes between red men and 
whites, and to punish the tribes which made incursions into 
the lawful settlements of American pioneers. In the Ter- 
ritory of Iowa, for instance, Fort Atkinson was established 
in 1840 in the Neutral Ground then set apart for the Winne- 
bagoes, who thereby became a sort of buffer nation between 
the Sioux on the north and the Sacs and Foxes to the 
south. The troops kept all these Indians within proper 
bounds and did not a little to thwart the introduction of 
their worst enemy, liquor in all its forms. Fort Des Moines, 
also, arose in 1843 to serve much the same purposes. 



258 



SUMNER'S DUAUOON EXPEDITION 



259 



But not only were these troops intended to act as direct 
conservators of the peace upon the western frontier: they 
were despatched on expeditions to distant parts to impress 
the natives with their " vigor, alertness, and fine appear- 
ance", as well as with "the wise and humane admonitions" 
of their commanders. Thus, in the summer of 1845, among 
the many precautionary movements of the troops Colonel 
Kearny marched along the route of the Oregon emigration 
to the southern pass of the Rocky Mountains, and back by 
the valley of the Arkansas and the road of the Santa Fe 
traders. At the same time Captain Sumner 1 commanded a 
detachment consisting of his own and Captain Allen's com- 
pany from Fort Des Moines on an expedition to the north- 
ern part of the Territory of Iowa (now Minnesota). The 
report of their saddle journey is now for the first time 
rescued from oblivion and reprinted from the United States 
Senate Documents, 1st Session, 29th Congress, No. 1, pp. 
217-220. 

Jacob Van dee Zee 

The State Historical Society of Iowa 
Iowa City 



CAPTAIN SUMNER'S REPORT 

[The following report is reprinted verbatim from United States Senate Docu- 
ments, 1st Session, 29th Congress, No. 1, pp. 217-220. — Editor.] 

Fokt Atkinson, I. T., August 23, 1845. 
Sik: In compliance with instructions from department 

i Edwin Vose Sumner, born in Boston, 1797; Second Lieutenant of Second 
Infantry, 1819; served in the Black Hawk War, 1832; Captain of First 
Dragoons, 1833; Major of Second Dragoons, 1846; brevetted Lieutenant Colonel 
for gallant conduct in the battle of Cerro Gordo, 1847; brevetted Colonel for 
gallant conduct at Molino del Rey, 1847; rose to the rank of Major General in 
the Civil War ; died at Syracuse, N. Y., 1863, while on his way to take charge of 
the Department of the Missouri. — Heitman's Historical Register . Captain 
Sumner was also military commander and acting governor of New Mexico for 
a few months of the year 1852. 



) 



260 IOWA JOURNAL OF HISTORY AND POLITICS 

headquarters, dated May 7, 1845, 1 marched from this post 
with "B" company 1st dragoons 2 on the 3d day of June. 

The prairies were very wet and the streams all full, 
which delayed my arrival at "Traverse des Sioux' ' till 
June 22. I came up with Capt. Allen, 3 on the 13th of June, 
about half way between this and the St. Peter's, and the 
companies continued together from that time. On the 16th 
of June, two men of "I" company 1st dragoons were 
seriously injured by the accidental discharge of a pistol. 
I sent those men down to Fort Snelling 4 by water. One of 
them, private Berry, died after his leg was amputated by 
Dr. Turner ; the other, private Howard, the man by whose 
carelessness the accident happened, has recovered. 

On my arrival at Traverse des Sioux, I found a boat from 
Fort Snelling, with my howitzers, provisions, &c. A great 
mistake was made in the provisions forwarded by Major 
E. B. Lee, commissary: instead of 31 barrels of flour, which 
should have been sent, 17 only were forwarded. This mis- 
take subjected my command to great inconvenience, for I 
was not in a country where it could be corrected by pur- 
chase. I marched from Traverse des Sioux on the 25th of 
June, and reached "Lac-qui Parle" 5 on the 1st of July. I 

2 The First Eegiment of Dragoons with headquarters at Jefferson Barracks, 
St. Louis, Missouri, was distributed among the different frontier posts west of 
the Mississippi and was a species of military force peculiarly dreaded by the 
Indians. 

3 Captain James Allen was the commandant at Fort Des Moines, and a class- 
mate of Eobert E. Lee and Joseph E. Johnston, and of Charles Mason, first 
Chief Justice of the Territory of Iowa. For a brief biographical sketch see 
The Iowa Journal op History and Politics, Vol. XI, p. 68. 

Traverse des Sioux is the point where the Sioux Indians were accustomed to 
cross the St. Peter's Eiver, now called the Minnesota. The name has survived 
in Nicollet County, Minnesota. 

4 Fort Snelling established in 1819 as Fort St. Anthony at the confluence of 
the Minnesota and the Mississippi. It was the northernmost military post in 
the Territory of Iowa. 

c This lake is a widening of the Minnesota Eiver. 



SUMNER'S DRAGOON EXPEDITION 261 



found there a large band of "Warpeton Sioux ; ,,G and after 
holding a council with them, I gave them a part of the 
presents that had been sent to me for the Indians. I said 
to these Indians, as I said afterwards to all those I met in 
council — that our government felt a deep interest in their 
welfare; and that so long as they conducted themselves 
properly, and did not wantonly molest the whites, they 
might be sure of protection. I impressed upon them, at the 
same time, the fact, that our government had now become so 
strong that no crime could remain unpunished — that there 
was no part of the Indian country in which a criminal could 
not be reached, and that he certainly would be. I was par- . 
ticular in this, as I do not think the disposition of the upper 
Sioux toward us is very friendly. They receive no annuities, 
and are not connected with us in any way, and they have 
always had a strong partiality for the British; I believe, 
principally, because that government has been more liberal 
in their presents to them. One thing I observed particular- 
ly — they seemed unwilling that we should interfere with 
the " half -breeds' ' from the British settlements; and I am 
convinced that the Indians would prefer that that people 
should continue to hunt upon their lands, than that our 
government should send troops through their country to 
keep them out. I asked them who had made the complaints 
about the inroads of the half-breeds, and they all professed 
their ignorance on the subject,, disclaiming it entirely for 
themselves. I reached Big Stone lake 7 on the 5th of July, 
and on the 6th I met in council a large band of Sissitons, 8 
and I gave them the residue of the presents. I am much 

e The Wahpetons form one of the primary divisions of the Dakota or Siouan 
family. They had one of their most important villages upon the shores of this 
l a k e . — p or these and succeeding statements about the Indians see the Hand- 
book of American Indians published by the American Bureau of Ethnology. 

7 Also part of the Minnesota Eiver. 

s The Sissetons were another of the original tribes of the Dakota or Sioux. 



\ 



262 IOWA JOURNAL OF HISTORY AND POLITICS 

inclined to think that the small presents we make to the 
Indians do more harm than good, for they serve as a con- 
trast to the very liberal presents they formerly received 
from the English agents. I left Big Stone lake on the 7th 
of July. On the morning of the 8th I was holding an in- 
formal council, in the saddle, with a band of Sissitons, when 
three of the murderers of Watson and party, that escaped 
last fall from Col. Wilson's detachment of the 1st infantry, 
had the assurance to walk directly into the council. I rec- 
ognised them at once, and instantly seized them as fugitives 
from justice. It produced a good deal of excitement at the 
moment; but I told the band it was useless to talk about it 
— the criminals were my prisoners, and would remain so ; 
and that if they had any thing further to say about it, I 
should be back there in about a month, and they could say 
it then; and I purposely returned by the same route, in 
order that they might know where to find me. I took these 
prisoners with me to the end of my march, having them in 
confinement about forty days. On my return to Traverse 
des Sioux, I sent an officer with them, by water, to Du 
Buque, and there turned them over to the civil authority. 

As an evidence of the ill-will of the upper Sioux, I was 
informed that they had said they were glad we were coming 
up; that they knew we had fine horses, and that they in- 
tended we should come back on foot. As the best method 
of guarding against this threat, I always took occasion to 
say to the Indians in council that I was not at all afraid of 
their stealing our horses, intimating by manner that they 
could try it as soon as they pleased; but I would just tell 
them, by way of caution, that if an Indian came near them 
at night he would be instantly shot ; and it gives me great 
satisfaction to report that not an animal was stolen from 
the squadron this summer. I reached "Devil's lake," on 
the 48th degree of north latitude, on the 18th of July. On 



SUMNER'S DRAGOON EXPEDITION 263 

that day I came upon the trail of the "half -breeds," 9 and 
sent my interpreter and guide after them. They brought 
ten of the principal men to me, and the next morning I 
moved to their camp. There were about 180 men, including 
Indians that were with them. These half-breeds are de- 
scendants from the English, Scotch, Irish, and French. I 
had several talks with them, and I found them to be a 
shrewd and sensible people ; but they are by no means as 
formidable as they have been represented to be. They have 
no discipline, no capable leaders, and they are hampered by 
their families. A few regular troops have nothing to fear 
from them. They said at once they had no idea of resisting 
the authority of the American government, and had never 
thought of such a thing for an instant. They had hoped 
that, although they were British subjects, their hunting ex- 
cursions, within our limits, would be overlooked, as they 
were only hunting on the lands of their Indian parents ; but 
above all, as the subsistence of their families actually de- 
pended upon them, that there was not game enough on their 
side of the line ; that they had followed this life from child- 
hood, and knew no other, and they did not know what they 
could do if our government inhibited them at once from 
their old hunting grounds. I told them they must perceive 
that their incursions into our country were violations of 
our territory, and that all governments were rightfully 

9 Near Devil's Lake, North Dakota. Nicollet, who was here with his exploring 
party in 1839, wrote as follows: 

1 1 The Metis of the Red Eiver had, we perceived, formed a camp not far from 
the spot selected by us, which they had vacated but a few days before, on their 
return home, as we judged from the deep cuts of their loaded wagons. This 
was rather a disappointment to me, as I particularly wished to become ac- 
quainted with this people, among whom, it is said, are to be found the best 
hunters, the most expert horsemen, and the bravest warriors of the prairies. 
The information I have of them is this : They are called Metis, or half-breeds, 
being descendants of Canadians, English, and Scotch, crossed with Chippeways, 
Kristinaux, Assiniboins, Sioux, &c, &c. They represent the remains of Lord 
Selkirk's colony and of the Hudson Bay Company. As for many years they 
were only in small numbers, their incursions within the limits of the United 



264 IOWA JOURNAL OF HISTORY AND POLITICS 



very jealous on these matters. They then asked me how 
they would be received if they should move across the line. 
I told them at once that I could give them no answer to 
that question, for I thought it would be an improper inter- 
ference with the rights of their government for me to hold 
out any inducement for them to secede in a body from their 
allegiance. They then asked if no time could be granted 
in which they could change their habits. After due reflec- 
tion, I advised them to address a letter to our government, 
asking as a favor that a year or two might be granted to 
them in order to give them a little time to commence some 
other course of life. I told them expressly that I could give 
them no encouragement to believe that their request would 
be granted; and if it was not, they must discontinue their 
incursions at once. It will be an extremely difficult thing to 
keep these people out of the country, if they should deter- 
mine to disregard the order; not from any resistance on 
their part, but, on the contrary, from the confidence they 
will place in us. They know very well that their families 
and themselves will always be safe with United States 
troops, so long as they do not resist them; and they might 
continue to come into the country expecting even to meet 
us, but prepared to retire at once on being ordered to do so ; 

States were attended with danger to themselves, in consequence of outrages 
committed upon them by the full breeds, the Sioux, the Rikaras, the Mandans, 
the Minitarees, &c. But they have since greatly increased; they number from 
600 to 800 people, and have become so formidable as to compel those tribes to 
seek an alliance with them, and thus to maintain peace. The Metis call them- 
selves 'free people,' (gens libres;) but by their neighbors they are designated 
as 'Metis of the Eed river,' 'the Red river People,' 'the People of the North.' 

"It is their usage to come twice a year upon the territory of the United 
States where the buffalo abounds : each family has its cart or wagon drawn by 
oxen; each hunter has his horse, which is remarkably fleet. They are accom- 
panied by missionaries, who regulate both their temporal and spiritual concerns. 
Their first campaign is made at the setting in of summer; their second in the 
fall of the year; and they remain about two months. Sometimes they divide 
themselves into two bands; directing themselves in this respect according to the 
distribution which they have previously ascertained of the buffalo herds over 



SUMNER'S DRAGOON EXPEDITION 



265 



and they would continue to retire so long as the troops re- 
mained in the country; but the moment we left it, they 
would return again to their old hunting grounds. There is 
a branch of the American Fur Company now established 
on the line near the British settlements, under the charge 
of Mr. Kitson, a very respectable and capable man. A 
number of these half-breeds are becoming connected in 
trade with this establishment, and I understood, indirectly, 
that many of them intended to move across the line this 
fall. There seemed to be a strong disposition among them 
to become citizens of the United States ; and I am much in- 
clined to believe that many of them will become so, within a 
few years, without receiving any encouragement from our 
government. There are in all, in this band of half-breeds, 
about 600 men, and they are increasing fast. I arrived at 
Traverse des Sioux, on my return, on the 7th of August. 
I saw many of the Sioux on my way down; and although 
they manifested but little friendship, they took care to show 
no hostility. In the summer of 1844, Captain Allen, while 
on a march in the Sioux country, lost a government horse 

these immense plains. One-half of the hunters alternately watch over the 
camp, and the other half are in active pursuit of the game; and the slaughter 
of the buffaloes is kept up, according to settled usage, until each wagon is 
loaded with the spoils of ten of these animals. ' ' — House Executive Documents, 
2nd session, 28th Congress, No. 52, p. 49. 

Governor John Chambers, Superintendent of Indian Affairs in the Territory 
of Iowa, made the following report in the year 1842 : ' 1 The more remote and 
wild bands of them [the Sioux] obtain it [liquor] from the British half-breeds 
from Lord Selkirk's colony, as it is called, on the Eed river of the north, who 
meet them on their hunting grounds and conciliate them by presents of ardent 
spirits and other articles, while they destroy their game in vast quantities. 
These half-breeds are a numerous and formidable body of men, whose inter- 
course with the Sioux is not only injurious to them, but may eventually become 
dangerous to our Northwestern frontier, in the event of hostilities between the 
British Government and ours at any future period. They would exercise a 
dangerous influence over all the Indians on our Northwestern border, and, from 
their numbers and hardy and daring character would greatly endanger our 
border settlements." — House Executive Documents, 3d session, 27th Congress, 
No. 2, pp. 415, 423. 



266 IOWA JOURNAL OF HISTORY AND POLITICS 

and mule, and two horses belonging to officers of his com- 
mand. 10 These animals were stolen by an Indian. I heard 
of this man frequently. He had been running about the 
country boasting of this feat, and I determined to arrest 
him if possible, as it appeared to me highly important that 
all Indians should be made to know that the horses of the 
government, on service in the Indian country, are inviolable, 
and that they cannot be touched by them without the cer- 
tainty of punishment at the time, or afterwards. I arrested 
this Indian at Traverse des Sioux; but as there was no 
testimony against him, that would convict him before a 
court, I thought it unadvisable to turn him over to the civil 
authority. I sent him down to Fort Snelling, requesting 
Captain Backus to keep him in close confinement until he 
heard from division headquarters on the subject. I would 
respectfully refer this case to the commanding general of 
division. The Indian will not be released till orders to that 
effect are received at Fort Snelling. 

I broke up the squadron at Traverse des Sioux on the 
11th inst., ordering Captain Allen, with his company, to 
proceed to Fort Des Moines, and I reached this post with 
my own company on the 19th inst. 

I am, sir, very respectfully, your obedient servant, 

E. V. Sumneb, 
Captain 1st dragoons. 

The Acting Assistant Adjutant Genekal, 

Third Military Department, St. Louis, Mo. 



Remarlcs 

The Secretary of War, to whom this interesting report is 

io In his journal of an expedition to the headwaters of the Des Moines Eiver 
and westward to the Big Sioux and back to Fort Des Moines, Captain Allen 
wrote at length of the theft which occurred near the present site of Sioux Falls, 
South Dakota — House Executive Documents, 1st Session, 29th Congress, No. 
168, p. 14. For a reprint of this document see The Iowa Journal of History 
and Politics, Vol. XI, pp. 73, 99, 100. 



SUMNER'S DRAGOON EXPEDITION 



267 



submitted, will, no doubt, be pleased with the firm and ju- 
dicious conduct of Captain Sumner towards the Indians 
and half-breeds, mentioned within. The expedition has 
been made in conformity with a report submitted by me to 
the Secretary of War some ten or twelve months ago. 

Winfield Scott. 

Novembee 10, 1845. 



SOME PUBLICATIONS 

The First Explorations of the Trans- Allegheny Region by the 
Virginians, 1650-1674. By Clarence "Walworth Alvord and Lee 
Bidgood. Cleveland : The Arthur H. Clark Co. 1912. Pp. 275. 
Plates, maps. While the romantic story of the adventures of the 
first Frenchmen in the Mississippi Valley has been told many times, 
the early explorations of the English into the land beyond the Alle- 
gheny Mountains have been generally overlooked or passed by 
with but little comment. Consequently the compilers of the present 
volume have rendered a distinct service in bringing together a 
number of hitherto scattered and inaccessible letters, journals, and 
other documents relative to the earliest adventures of Virginians 
into the western country — a story which awaits the pen of the 
historian. 

The volume opens with an eighty-page introduction on The Dis- 
covery of the Ohio Waters by the compilers, which will perhaps 
prove somewhat disappointing to some readers, in that it contains 
very little about the Ohio River itself. Nevertheless, it presents a 
clear and interesting picture of the early western wanderings of 
enterprising Virginians and especially of the activities of Abraham 
Wood, whose career has hitherto been shrouded in obscurity. In a 
footnote on page twenty-four there are either two typographical 
errors or else two curious slips in regard to dates, for 1734 and 1754 
are cited as the respective years of the explorations of Jean Nicollet 
and Radisson and Groseilliers. 

Then follow the documents and manuscripts which occupy the 
larger part of the volume. First come several acts of the Virginia 
Assembly for the encouragement of western and southern explora- 
tion. Numbers two and three have to do with the discovery of 
"New Brittaine' , by Abraham Wood and Edward Bland, and the 
discoveries of John Lederer. Governor Berkeley's activities as a 
promoter of exploration are described in a number of letters. 
Number five consists of a journal of the expedition of Thomas Batts 



268 



SOME PUBLICATIONS 



269 



and Robert Pal lam in 1671, together with other doeuments. The 
journeys of James Needham and Gabriel Arthur in 1673 are de- 
scribed in number six; while the concluding number consists of 
Coxe's Account of the Activities of the English in the Mississippi 
Valley in the Seventeenth Century. A bibliography and a good 
index complete the volume. 

Minnesota Biographies 1655-1912. Compiled by Warren Upham 
and Mrs. Rose Barteau Dunlap. {Collections of the Minnesota 
Historical Society, Volume XIV.) St. Paul: The Minnesota His- 
torical Society. 1912. Pp. 892. This large volume is in effect a 
biographical encyclopedia of Minnesota history. It contains about 
nine thousand brief biographical sketches, varying in length from 
three to ten or twelve lines, of men who have played a more or less 
important part in the history of Minnesota from the days of 
Radisson and Groseilliers, Du Luth, Hennepin, and Le Sueur down 
to the present time. In each case there are references to the sources 
where more extended biographical data may be found ; and a list of 
these sources, over two hundred and forty in number, is to be found 
in the volume. Not only is the work valuable in that it brings to- 
gether under one index information hitherto to be found only in 
scattered sources, but it furnishes a working basis for many im- 
portant studies relative to the settlement and population of the 
State. 

Frontier Defense on the Upper Ohio, 1777-1778. Edited by 
Reuben Gold Thwaites and Louise Phelps Kellogg. Madison: 
Wisconsin Historical Society. 1912. Pp. xviii, 329. Portraits, 
plates, maps. This volume is compiled from the Draper Manu- 
scripts in the Library of the Wisconsin Historical Society, and is 
published at the expense of the Wisconsin Society of the Sons of 
the American Revolution. 

The volume opens with a letter from General Edward Hand to 
Colonel David Shepherd shortly after the former took command of 
Fort Pitt early in the summer of 1777, and the transcripts cover 
the period from that date until General Hand was removed, at his 
own request, in May, 1778. It was a critical period on the western 
frontier, when the British and their savage allies were endeavoring 



270 IOWA JOURNAL OF HISTORY AND POLITICS 



to drive the rebellious colonists back across the Alleghanies. The 
fact that Hand and his small body of troops were able to maintain 
the line of frontier posts from Kittanning to the Great Kanawha 
was of great significance to the American cause. 

The manuscripts, consisting of letters to and from General Hand, 
letters and proclamations of the British General, Henry Hamilton, 
reports, memoranda, recollections, and other documents, present a 
vivid, first-hand picture of conditions along the western border line 
in the upper Ohio. For instance, there is Stuart's narrative of the 
dastardly murder of the famous Shawnee chief, Cornstalk, an act 
which was revenged by the Shawnees by many cruel murders and 
devastating raids. The volume also contains a number of letters 
relative to the preparations for George Rogers Clark's eventful 
expedition into the Illinois country, the real object of which was 
not known at that time. Copious editorial foot-notes elucidate the 
text, and the volume will prove very useful as a source-book for the 
history of the events which it covers. 

A Journey to the Rocky Mountains in the Year 1839. By F. A. 
Wislizenus, M. D. Translated from the German, with a Sketch of 
the Author's Life, by Frederick A. Wislizenus. St. Louis: Mis- 
souri Historical Society. 1912. Pp. 162. Portrait, map. Dr. 
Wislizenus, the author of this interesting account of early western 
travel, was born in Germany in 1810, took part in the student attack 
on Frankfort in April, 1833, received the degree of doctor of medi- 
cine at the University of Zurich, and came to New York in 1835. 
During the following year he moved to Illinois not far from St. 
Louis, and took up the practice of medicine. Then in 1839 came 
his journey to the northwest, the account of which was first pub- 
lished, in the German language, in 1840. Six years later he made 
another trip, this time to Santa Fe and Mexico, where he encoun- 
tered many difficulties on account of the war which was then in 
progress. During subsequent years he traveled widely, in this 
country and in Europe, later making his home in St. Louis, where 
he died in 1889. 

Dr. Wislizenus left St. Louis in April, 1839, on the journey which 
is described in the translation of his own account. The party of 



SOME PUBLICATIONS 



271 



which he was a member went overland along the Platte River and 
the South Fork, then across to the North Fork, on to Fort Laramie, 
across the Black Hills and the Wind River and Rocky Mountains, 
to Fort Hall and the Columbia River. The account contains many 
details of a scientific character, and comments on the buffalo, the 
Indians, the Hudson's Bay Company, and various other topics. 

The book which is published in a limited edition of five hundred 
copies is a handsome specimen of the book-maker's art. The 
Missouri Historical Society is to be thanked for having made such 
a worthy addition to the literature of western American travels. 

AMERICANA 
GENERAL AND MISCELLANEOUS 

Provision has been made for the publication of a third volume of 
Kappler's Laws and Treaties Relating to Indian Affairs. 

In the Journal of the United States Cavalry Association for 
January there is a short article on Forgotten Cavalrymen, by Eben 
Swift. 

Mine-Rescue Work in Canada is described by W. J. Dick in an 
illustrated pamphlet of fifty pages issued by the Canadian Com- 
mission of Conservation. 

G. P. Putnam's Sons have issued a volume by Robert W. Mc- 
Laughlin on Washington and Lincoln: Leaders of the Nation in the 
Constitutional Eras of American History. 

A doctoral dissertation offered at the University of Pennsylvania 
by William Warren Sweet appears as a volume entitled The Metho- 
dist Episcopal Church and the Civil War. 

Allen Johnson, formerly of Grinnell College, is the compiler of a 
volume of Readings in American Constitutional History, 1776-1876, 
which has been published by the Houghton, Mifflin Company. 

The Library of Congress has published A Chech List of American 
Eighteenth Century Newspapers in the Library of Congress, com- 
piled by John Van Ness Ingram, which will prove of much value to 
investigators. 



272 IOWA JOURNAL OF HISTORY AND POLITICS 

A Select List of References on the Initiative, Referendum, and 
the Recall has been issued by the Division of Bibliography of the 
Library of Congress and a Select List of References on Commission 
Government for Cities will soon appear. 

The Macmillan Company has published a volume containing the 
first part of a work on The New Testament Manuscripts in the Freer 
Collection, by Henry A. Sanders. The present volume is devoted 
to The Washington Manuscript of the Four Gospels. 

The Democrats and the Tariff, by Henry C. Emery; Popular 
Elections of Senators, by Max Farrand ; The Modern Newspaper as 
it Might Be, by A. Maurice Low; and The Fame of Cromwell, by 
Wilbur C. Abbott, are among the articles in the Yale Review for 
January. 

The Bulletin of the New York Public Library for January con- 
tains part four of the List of City Charters, Ordinances, and 
Collected Documents. In the February number will be found the 
annual report of the library for the year ending December 31, 1912. 

In the December number of the Bulletin of the Pan American 
Union there is an illustrated article on the Archives of Old Seville, 
by Charles Warren Currier; as well as sketches of the history of 
the flag, coat of arms, and national holidays of the republic of 
Salvador. 

The third chapter of John J. Stevenson's study of The Formation 
of Coal Beds, and a paper on Some Former Members of the Amer- 
ican Philosophical Society, by Thomas Willing Balch, are among 
the contents of the October-November number of the Proceedings 
of the American Philosophical Society. 

The University of Pennsylvania has published a volume of 
Studies in the History of English Commerce in the Tudor Period. 
The volume contains the following three studies : The Organization 
and Early History of the Muscovy Company, by Armand J. Gerson; 
English Trading Expeditions into Asia under the Authorship of 
the Muscovy Company, by Earnest V. Vaughn ; and English Trade 
in the Baltic During the Reign of Elizabeth, by Neva Ruth Dear- 
dorff. 



SOME PUBLICATIONS 273 

A letter from Messrs. J. P. Morgan and Company in response to 
the invitation of the Sub-Committee (Hon. A. P. Pujo, Chairman) 
of the Committee on Banking and Currency of the House of Repre- 
sentatives has been printed in pamphlet form. It contains a clear 
statement of one view of the problem of business and financial 
depression. 

The Pilgrim Magazine, which made its initial appearance in 
January, is the official organ of the Pilgrim Tercentennial League, 
formed for the purpose of ' ' creating, increasing and perfecting a 
National movement for the Celebration of the Three Hundredth 
Anniversary of the Landing of the Pilgrims to be held in New 
England in 1920. " 

The Report of the Librarian of Congress for the year ending 
June 30, 1912, contains, among other things, a review of the most 
important accessions to the Division of Manuscripts during the 
year. Special mention is made of the so-called House of Repre- 
sentatives Collection and of a collection of letters and medals 
formerly belonging to the late Captain Matthew Fontaine Maury. 

A bulletin issued in October by the Virginia State Library 
contains A List of Newspapers in the Virginia State Library, 
Confederate Museum and Valentine Museum, compiled by Mrs. 
Kate Pleasants Minor and Susie B. Harrison. The January bul- 
letin is devoted to A List of Manuscripts Relating to the History 
of Agriculture in Virginia, compiled by Earl G. Swem. 

The February number of the American Labor Legislation Review 
contains the papers read at the sixth annual meeting of the Amer- 
ican Association for Labor Legislation. Among the papers may be 
mentioned: How the Wisconsin Industrial Commission Works, by 
John R. Commons; A Laborer's View of Factory Inspection, by 
Henry Sterling; An Employer's View of Factory Inspection, 
by Charles Sumner Bird; The Efficiency of the Present Factory 
Inspection Machinery in the United States, by Edward F. Brown ; 
The Need of a New Federal Employees' Accident Compensation 
Law, by Charles Earl ; Rest Periods for the Continuous Industries, 
by John A. Fitch; and The Theory of the Minimum Wage, by 
Henry Rogers Seager. 



vol. xi — 18 



274 IOWA JOURNAL OF HISTORY AND POLITICS 



The Report of the Board of Arbitration in the matter of the 
controversy between the eastern railroads and the Brotherhood of 
Locomotive Engineers in 1912 has been published in a volume of 
over one hundred and twenty pages, and is a contribution to the 
subject of industrial relations. President Charles R. Van Hise of 
the University of Wisconsin was the Chairman of the Board of 
Arbitration. 

The American Journal of Sociology for January contains the 
following contributions: The Present Outlook of Social Science, by 
Albion W. Small; Social Values, by Edward C. Hayes; Chicago 
Housing Conditions: Two Italian Districts, by Grace Peloubet 
Norton; The Institutional Character of Pecuniary Valuation, by 
Charles H. Cooley; and Preventing Cruelty to Children, by Henry 
Pratt Fairchild. 

Articles in The Scottish Historical Review for January are: 
Loose and Broken Men, by R. B. Cunninghame Graham; A For- 
gotten Scottish Scholar of the Sixteenth Century, by P. Hume 
Brown; Authorship of the Chronicle of Lanercost, by James Wil- 
son ; Hamilton of Kincavil and the General Assembly of 1563, by 
J. R. N. Macphail; and James Mill in Leadenhall Street, 1819- 
1836, by W. Foster. 

Among the articles in the January number of American In- 
dustries are the following: Enlarging the Outlets of Commerce, 
by James J. Hill; Vocational Education, by H. E. Miles; and Law 
and Liberty vs. Lawlessness, by John Kirby, Jr. In the March 
number A. Parker Nevin discusses Business and the New Adminis- 
tration; and there are extracts from an address on Lawless Leader- 
ship and Treason, by Charles W. Miller. 

Foreign Missions and World Peace is the subject of an address 
by Samuel B. Capen which occupies the pamphlet published in 
October, 1912, by the World Peace Foundation. Beginning with 
the January number, which contains the report of the work of the 
Foundation for 1912, the pamphlets are issued monthly instead of 
quarterly. The February number contains an article on The 
Wounded, by Noel Buxton ; and a discussion of Women and War, 
by Mrs. St. Clair Stobart. 



SOME PUBLICATIONS 



275 



An Ethical Aspect of the New Industrialism is the subject of a 
very interesting address by Alvin Saunders Johnson which appears 
in The South Atlantic Quarterly for January. Louis Martin Sears 
presents a study of Slidell's Mission to Mexico. Other articles are: 
The West Indian Negro Question and the French National As- 
sembly, 1789-1791, by Mitchell B. Garrett ; The Rural Life Problem 
of the South, by John Lee Coulter; and Was John Randolph a 
Lunatic?, by D. Hamilton Willcox. 

European Systems of State Indemnity for Errors of Criminal 
Justice, by Edwin M. Borchard; Insanity and Criminal Responsi- 
bility, by Edwin E. Keedy ; Criminal Procedure in Scotland, by the 
same author; The Prevalence of Crime in the United States and Its 
Extent Compared With That in the Leading European States, by 
Julius Goebel, Jr.; and Inference from Claim of Privilege by 
Accused, by Walter T. Dunsmore, are articles in the January 
number of the Journal of the American Institute of Criminal Law 
and Criminology. 

Bulletin number fifty-two issued by the Bureau of American 
Ethnology of the Smithsonian Institution is a critical monograph 
on Early Man in South America, by Ales Hrdlicka in collaboration 
with W. H. Holmes, Bailey Willis, Frederick Eugene Wright, and 
Clarence N. Fenner. "The conclusions of the writers with regard 
to the evidence thus far furnished are that it fails to establish the 
claim that in South America there have been brought forth thus 
far tangible traces of either geologically ancient man himself or of 
any precursors of the human race. 1 \ 

Irving Fisher is the writer of an article entitled A Compensated 
Dollar which appears in the February number of The Quarterly 
Journal of Economics, and which is pertinent to the problem of 
monetary reform. Other contributions are: The Organization of 
the Boot and Shoe Industry in Massachusetts Before 1875, by 
Blanche E. Hazard; The Locomotive Engineers' Arbitration: Its 
Antecedents and Its Outcome, by W. J. Cunningham ; The Decision 
on the Union Pacific Merger, by Stuart Daggett; and the second 
chapter of Frankfort-on-the-Main: A Study in Prussian Communal 
Finance, by Anna Youngman. 



276 IOWA JOURNAL OF HISTORY AND POLITICS 



Who is Responsible? — An Interpretation of the Recent Trials is 
the heading of an article by Samuel Gompers which appears in the 
American Federationist for February. Prison Reform is the sub- 
ject of an address by Oswald West, Governor of Oregon. In the 
March number Samuel Gompers gives an account of The Struggles 
in the Garment Trades; there is another installment of the history 
of Railroad Strikes Since 1877, by Arthur E. Holder; and Frank 
Duffy discusses The Relation of Industrial Education to the Labor- 
ing People. 

Volume six of the Biographical Sketches of the Graduates of 
Yale College with Annals of the College History, by Franklin 
Bowditch Dexter, covers the years and classes from 1805 to 1815. 
It is stated in the preface that this volume will close the series, 
because class records since 1815 are available and the "Obituary 
Records'' which have been published annually since 1860 cover 
much of the ground. It is planned, however, to publish a supple- 
mentary volume which will contain all biographical data not to be 
found in class records or obituary records since 1815. 

The functions of the stock exchange, the uses and abuses of 
speculation, the bear and short selling, the relationship between the 
banks and the stock exchange, publicity in exchange affairs, panics 
and the crisis of 1907, a brief history of legislative attempts to 
restrain or suppress speculation, the day on exchange with sug- 
gestions for beginners, the London stock exchange, and the Paris 
Bourse are the subjects treated in the ten chapters of a volume on 
The Stock Exchange from Within, by W. C. Van Antwerp, which 
has been brought out by Doubleday, Page and Company. 

The pamphlet issued in January by the American Association 
for International Conciliation contains an address on The Spirit 
of Self -Government, by Elihu Root. The Time to Test Our Faith 
in Arbitration is the subject of an address by William Howard Taft 
which appears in the February number, where may also be found 
a discussion of the question, Should the Panama Canal Tolls be 
Arbitrated, by Amos S. Hershey. The March number is devoted 
to a select list of books, pamphlets, and periodicals on the subject 
of Internationalism, compiled by Frederick C. Hicks. 



SOME PUBLICATIONS 



277 



Canadian National Problems is the general subject of discussion 
in The Annals of the American Academy of Political and Social 
Science for January. Among the various papers on special topics 
are: Reciprocity, by Clifford Sifton; Canada and the Preference: 
Canadian Trade with Great Britain and the United Slates, by S. 
Morley Wickett; The Legal Status of Hudson's Bay, by Thomas 
Willing Balch; The United States and Canada in Their Hundred 
Years of Peace, by James L. Tryon; Canadians in the United 
States, by S. Morley Wickett; and Canada and the Chinese: A 
Comparison with the United States, by Paul H. Clements. 

Neale's Monthly is the name of a new periodical which made its 
appearance in January. The initial number contains the following 
articles of historical or political interest : The Strategy of Robert E. 
Lee, by J. J. Bowen; The Proposed Presidential Reforms, by 
William Estabrook Chancellor ; the beginning of a series of articles 
on Forerunners of the Republic, by Archibald Henderson, in which 
will be found a sketch of the life of Richard Henderson of the 
Transylvania Company; and the first installment of an account of 
Wall Street as Our American Monte Carlo, by Franklin C. Keyes. 

The nineteenth volume of the Library of Congress edition of the 
Journals of the Continental Congress 1774-1789, edited from the 
original records by Gaillard Hunt, covers the period from January 
1 to April 23, 1781 ; while volume twenty carries the record down 
to July 22nd of the same year. The period covered in these two 
volumes is especially significant because of the adoption of the 
Articles of Confederation and the efforts which were immediately 
made to secure amendments and modifications. Furthermore, it 
was during this time that negotiations looking toward peace re- 
ceived a fresh impetus. 

Among the many articles in the National Municipal Review for 
January are the following: Simplicity, Publicity and Efficiency in 
Municipal Affairs, by Clinton Rogers Woodruff; two papers on 
State vs. Municipal Regulation of Public Utilities, one by John 
Morton Eshleman and the other by Lewis R. Works; Bureaus of 
Public Efficiency, by Myrtile Cerf; Research and Reference 
Bureaus, by Edward M. Sait; Taxation in Philadelphia, by Louis 



278 IOWA JOURNAL OF HISTORY AND POLITICS 



F. Post; The Theory of the New C out rolled-Executive Plan, by 
Richard S. Childs; Women and Local Government in the United 
Kingdom, by H. Marie Dermitt; and Pacific Northwest Munici- 
palities, by Charles G. Haines. 

The December number of Americana opens with a brief sketch 
of the Falls of the Ohio, the Battle Ground of Tradition and His- 
tory, the Carrying Place of Early Navigation and the Birthplace of 
Civilization in Kentucky, which is accompanied by a map drawn in 
1766. Another unsigned sketch is headed The Stars and Stripes 
on Fort Schuyler, August 3, 1777; and there is an article on The 
Filson Club and its Publications, by Reuben T. Durrett. The Janu- 
ary number contains, among other things, a biographical sketch of 
Reuben Thomas Durrett, by John Howard Brown; and some Tradi- 
tions of the Earliest Visits of Foreigners to North America, by 
Reuben T. Durrett, which will be continued. 

Europe's Many -Sided Democracy, by Jesse Macy; The News- 
paper Publicity Law, by Jonathan Bourne, Jr.; How Boston Re- 
ceived the Emancipation Proclamation, by Fanny Garrison Villard ; 
Preparing the Upper Mississippi for Modern Commerce, by W. C. 
Tiffany; The Hudson Bay Route — Trans-Continental and Trans- 
Oceanic, by P. T. McGrath; and How the Iowa State Colleges are 
Getting Together, by William R. Boyd, are articles in the February 
number of The American Review of Reviews. In the March num- 
ber among the contributions are : Illinois Working for Permanency 
in Agriculture, by B. E. Powell; American Railway Accidents — 
A "Safety First" Campaign, by Herbert T. Wade; Sugar and the 
Tariff, by A. G. Robinson; and The New Balkan Diplomacy: Vene- 
zelos and Danev, by J. Irving Manatt. 

Volume six, number three of The Journal of American History 
opens with a second installment of the biography of Edmond 
Charles Genet, by Louis Franklin Facio Genet. Under the head- 
ing, Eighty Years Ago in the Great Middle West, Margaret Gist 
presents two interesting, letters written in 1832 by George Wash- 
ington Gist describing his journey in charge of the removal of the 
Seneca Indians from Ohio to Arkansas. The J oscelyn-J oslin 
Family is the subject of a genealogical sketch by Laura Elmendorf 



SOME PUBLICATIONS 



279 



Skeels. Then follows an address by Archbishop Ireland on 
Patriotism, lis Duty and Value. Other contributions are: The 
Mythology of the North American Indian, by Imogene Fontaine; 
To the Gold Fields of Forty-Nine by Way of Cape Horn, by Mar- 
garet D. Plympton; A Souvenir of the Days of the Underground 
Railroad, by Lucie P. Stone; and Jefferson's Plan for the Develop- 
ment of American Agriculture. 

Among the articles in The Survey during the past quarter are 
the following: The Relation of Voluntary to Political Action, by 
Simon N. Patten; What I Saw in America, by Thomas Oliver; 
Constructive Investigation and the Industrial Commission of Wis- 
consin, by John R. Commons; Is An Organized Country Life Move- 
ment Possible?, by George Frederick Wells; Public Pensions to 
Widows With Children, by C. C. Carstens (January 4) ; Labor 
Laws for Women, by Josephine Goldmark (January 25) ; The 
Status and Vocation of our Colored People, by George Burman 
Foster; The Basis of Race Adjustment, by George Edmund Haynes; 
Social Effects of Emancipation, by W. E. Burghardt Du Bois ; Our 
Country's Lynching Record, by Ida B. Wells-Barnett ; A Civic 
Problem and a Social Duty, by George Packard; The Parting of 
the Ways in American Socialism, by Mary Brown Sumner (Febru- 
ary 1) ; Our National Trial Balance, by Kate Holladay Claghorn; 
The Canal Builders, by Edward T. Devine (March 1). 

A Descriptive List of Maps of the Spanish Possessions Within 
the Present Limits of the United States, 1502-1820, by the late 
Woodbury Lowery, edited with notes by Philip Lee Phillips, has 
been published by the Library of Congress. In his will Woodbury 
Lowery, who died in April, 1906, left to the Library of Congress 
his large and valuable collection of transcripts, documents, maps, 
and books relating to Florida, Louisiana, Texas, New Mexico, Cali- 
fornia, and other former Spanish possessions in North America. 
The collection was gathered by Mr. Lowery while preparing his 
two-volume history of The Spanish Settlements Within the Present 
Limits of the United States. The descriptive list now published 
describes 750 maps, of which 306 are in the Lowery collection, 206 
in the Map Division of the Library of Congress, while the remainder 



280 IOWA JOURNAL OF HISTORY AND POLITICS 



are to be found in Paris, London, and elsewhere. An effort is 
being made to secure photographic reproductions of these - latter 
maps so that the list as described may be complete. The volume 
will be of great service to students of early American history. 

A brief report on Remains in Eastern Asia of the Race that 
Peopled America, by Ales Hrdlicka, appears in volume sixty of 
the Smithsonian Miscellaneous Collections. In his conclusion, the 
writer states that "it may be said that from what he learned in 
eastern Asia, and weighing the evidence with due respect to other 
possible views, the writer feels justified in advancing the opinion 
that there exist to-day over large parts of eastern Siberia, and in 
Mongolia, Tibet, and other regions in that part of the world, nu- 
merous remains, which now form constituent parts of more modern 
tribes or nations, of a more ancient population (related in origin 
perhaps with the latest paleolithic European), which was physically 
identical with and in all probability gave rise to the American 
Indian." There are cuts of a number of eastern Asiatic natives, 
who, to the average observer at least, are surely indistinguishable 
from present-day American Indians. 

The Report of the Thirtieth Annual Lake Mohonk Conference of 
Friends of the Indian and Other Dependent Peoples contains the 
papers and addresses at the meetings held on October 23-25, 1912. 
Among the many papers in the volume may be mentioned: Some 
Observations of Conditions in the Five Civilized Tribes, by George 
Vaux, Jr.; Some Suggestions for Protecting the Indian's Property 
Interests and his General Welfare, by Matthew K. Sniffen; The 
Lesson of White Earth, by Warren K. Moorehead ; Indian Adminis- 
tration, by Edgar B. Meritt ; The Indian Question from a Canadian 
Standpoint, by Frank Pedley; The Non-Christians of the Southern 
Islands of the Philippines — Their Self -Government and Industrial 
Development, by John P. Finley; The Filipino Youth and the 
Independence of the Philippines, by Maximo M. Kalaw; National 
Sincerity and the Philippine Issue, by H. Parker Willis ; Pending 
Legislation Providing for Philippine Independence, by William A. 
Jones; Our Duty in Caribbean America, by William Bayard Hale; 
San Domingo and the United States, by Jacob H. Hollander; and 
The Sanitary Condition of the Natives of Alaska, by M. H. Foster. 



SOME PUBLICATIONS 281 

Ginn and Company have brought out a new Guide to the Study 
and Beading of American History, by Edward Channing, Albert 
Bushnell Hart, and Frederick Jackson Turner, which is a revised 
and augmented edition of the Channing and Hart volume pub- 
lished several years ago. The present book is an improvement over 
the earlier work in many ways. It is brought down to date, it 
furnishes references to a larger number of accessible sources, and 
pays more attention to western history and to social and economic 
history. At the same time, it is believed that in certain respects 
the literature of western history could have been drawn upon to 
greater advantage. For instance, it would seem that the biography 
of a man like Henry Dodge should have received some mention in 
the volume. Furthermore, there is a great mass of material in the 
publications of western historical societies which is of much more 
than local value and interest, but which is not referred to in the 
Guide, although these publications have been consulted on certain 
subjects. 

The American Political Science Review for February opens with 
the presidential address on the subject, A Government of Men, 
delivered by Albert Bushnell Hart at the annual meeting of the 
American Political Science Association in December, 1912. Other 
contributions in this number are: The President's Cabinet, by 
John H. Fairlie; Expert Administration in Popular Government, 
by A. Lawrence Lowell; and Diplomatic Affairs and International 
Law, 1912, by Paul S. Eeinsch. The supplement to this number 
of the Review contains the Proceedings of the American Political 
Science Association at the annual meeting held at Boston and 
Cambridge, December 28-31, 1912. Among the papers read at this 
meeting were : Bow We Have Been Getting Along Without a Bud- 
get, by Frederick A. Cleveland ; The Limit of Budgetary Control, by 
Frank J. Goodnow; Suggestions for a State Budget, by S. Gale 
Lowrie; The Theory of the Nature of the Suffrage, by Walter 
James Shepard; Good Government and the Suffrage, by H. A. 
Garfield; Certain Retrogressive Policies of the Progressive Party, 
by Frederic J. Stimson ; The Democratization of Party Finance, by 
Walter E. Weyl ; and The Belgian Political Situation, by J. Salwyn 
Schapiro. 



282 IOWA JOURNAL OF HISTORY AND POLITICS 



WESTERN 

Number sixty-eight of the Bulletin of the University of New 
Mexico contains a discussion of The Relation of the Universi j to 
the State, by David Ross Boyd. 

A recent number of the University of Michigan Historical Studies 
contains a monograph on English Rule in Gascony, 1199-1259, with 
Special Reference to the Towns, by Frank Burr Marsh. 

Shall We Change Our City Government t is the title of a pamph- 
let issued by the Bureau of Municipal Research of Dayton, Ohio, in 
which may be found a concise and graphic statement of three types 
of municipal administration. 

The Railroads of the <( Old Northwest" Before the Civil War is 
the subject of a paper by Frederic L. Paxson which has been re- 
printed from the Transactions of the Wisconsin Academy of 
Sciences, Arts, and Letters. 

In The Rocky Mountain Herald, published at Denver, Colorado, 
on January 11th there is an interesting article on The Grand 
Canon of the Colorado, by Will C. Ferril, in which is told the story 
of the adventures of James White while exploring the canon in 
1867. 

The Bulletin of the Indiana State Library published in January 
contains lists of references on such subjects as the recall of judicial 
decisions, the recall of judges, federal control of interstate cor- 
porations, federal vs. State rights, workingmen's compensation, 
third term for the President of the United States, Panama canal 
tolls, and agricultural credit. 

The second number of the excellent Handbook Series published 
by the American Museum of Natural History deals with the Indians 
of the Southwest and Pliny Earle Goddard is the author. Chapter 
one is devoted to the ancient peoples; chapter two to the modern 
Pueblos, including the explorations of Cabeza de Vaca, Marcos de 
Niza, and Coronado; and chapter three to the nomadic peoples. 
There are a number of maps and a great many cuts and illustra- 
tions. 



SOME PUBLICATIONS 



283 



Four recent numbers of the Anthropological Papers of the Amer- 
ican Museum of Natural History are the following: Social Life of 
the Crow Indians, by Robert H. Lowie; Texts and Analysis of 
Cold Lake Dialect, Chipewyan, by Pliny Earle Goddard; Chippe- 
wyan Tales, by Robert H. Lowie; and Societies and Ceremonial 
Associations in the Oglala Division of the Teton-Dakota, by Clark 
Wissler. 

A Study of Physiognomy : Factors in the Evolution of the Human 
Face, by Robert Bennett Bean ; a continuation of the study of The 
Towns of Roman Britain, by H. H. Clifford Gibbons ; Anthropology, 
Past and Present, by Alton Howard Thompson ; The Riddle of the 
American Sphinx; The Serpent Mound, by Felix J. Koch; and 
Indian or What?, by John 0. Viking, are articles in the October- 
December number of The American Antiquarian and Oriental 
Journal. 

"With the January number The University of California Chronicle 
comes out in new and improved style, being printed on paper of a 
better quality and having a more attractive cover. Among the 
contents of the number may be mentioned : The Philosophical Basis 
of Socialism, by George P. Adams ; The Social Contract, by Bert J. 
Morriss; and the Record of the Dedication of the New College of 
Agriculture and of the Installation of Dean Thomas Forsyth Hunt, 
November 20, 1912. 

In the January number of The Graduate Magazine of the Univer- 
sity of Kansas may be found letters from the Governors of several 
western States relative to the millage tax plan for the support of 
educational institutions. A Vacation in the Seventies is the subject 
of a sketch by J. A. Wickersham. In the February issue there is 
a discussion of the single board plan for the government of the 
State educational institutions of Kansas, and a Description and 
History of the University in Statistical Form. 

The Quarterly Journal of the University of North Dakota for 
January opens with a study of Poor Relief and Jails in North 
Dakota, by John Morris Gillette. The Aldrich Banking Plan: 
With Special Reference to North Dakota is the subject of an article 
by Meyer Jacobstein. Two other contributions are: A Lesson for 



284 IOWA JOURNAL OF HISTORY AND POLITICS 

the United States, by James E. Boyle; and Partisan Scholarship, 
by 0. G. Libby. In the latter article the writer protests against 
the tendency shown by the authors of many recent books on his- 
torical and political topics to present only those facts which support 
a particular theory or prejudice. 

IOWANA 

Among the articles in the January number of Iowa Factories 
is one on Workmen's Compensation. 

John D. Yeoman is the writer of some Recollections of Thirty 
Years Ago, which are printed in the Fremont Gazette, on March 
13th. 

Science Ethical is the subject of an address by Thomas H. Mac- 
bride which has been published in pamphlet form by the Torch 
Press. 

In the Dubuque Telegraph-Herald for March 23rd may be found 
some interesting sketches of the history of the various churches in 
Dubuque. 

Alumni Write History and Solons Who Graduated are the head- 
ings given to two sketches in the February number of The Iowa 
Alumnus. 

The Clinton Advertiser for March 14th contains an article on 
the Lyons Pioneer Germans Society which was organized late in 
the year 1859. 

Bulletin number twenty-eight of the Engineering Experiment 
Station at Ames contains a survey of Road Legislation and Admin- 
istration in Iowa, by John E. Brindley. 

Electric Power from the Mississippi is the title of a pamphlet 
descriptive of the water-power development at Keokuk, which has 
been issued by the Mississippi River Power Company. 

Historical articles in The American Freemason during the past 
three months are: The Writing of Lodge History, by Joseph E. 
Morcombe (January) ; and Royal Arch Masonry, by A. C. Kemmis 
(March). 



SOME PUBLICATIONS 



285 



In the January number of The (Jrinnell Review there is a bio- 
graphical sketch of Erastus Ripley under the heading of The First 
Professor of Iowa College. There is also a brief letter written 
from England by Jesse Macy. 

In the Corning Union-Republican for January 29th there is a 
communication from Louis Akin strongly urging the formation of 
a county historical society in Adams County. It is to be hoped 
that the suggestion will be followed at an early date. 

George B. Caldwell gives an account of Investment Bankers and 
their Work in the January number of The Northwestern Banker. 
Articles in the March number are : Origin of Finger Prints — Their 
Use in Banks, by P. A. Flak; and Problems of Today that Demand 
Consideration, by August Blum. 

G. S. Robinson, Chairman of the Board of Control of State Insti- 
tutions of Iowa, is the author of a pamphlet on the Employment of 
Prisoners. Among the subjects discussed are southern prison 
systems; road-making in Colorado, Georgia, and Oklahoma; farm- 
ing; problems in Iowa; competition with free labor; and State use 
and State account. 

Culture in Vocational Education, by J. H. Beveridge, is an 
article in the December number of The Alumnus published at the 
Iowa State College at Ames. In the January number there is an 
account of the Silver Anniversary of the Iowa Veterinary Associa- 
tion and Reunion at Ames, by Robert W. Ellis ; while in the Febru- 
ary issue there are some Echoes from the Seventies, by W. M. Scott. 

A biographical sketch of M. L. McPherson, written by his 
nephew, Smith McPherson, has been published in pamphlet form 
and dedicated to the Madison County Historical Society. Marquis 
Lafayette McPherson came to Winterset, Iowa, in 1850 and took 
up the practice of law. He entered politics and served for four 
sessions in the State Senate, and he was a delegate to the National 
Republican Convention at Chicago in 1860. He served in the army 
during the Civil War, and in 1869 he was elected judge of the 
Third Judicial District of Iowa, which position he held until ill 
health forced him to retire. He died in December, 1871. 



286 IOWA JOURNAL OF HISTORY AND POLITICS 



Factors in the Development of a Greater Iowa is the subject of 
an address by Albert M. Deyoe which appears in the February 
number of Midland Schools. Among the contents of the March 
number are: The Training of Teachers in Iowa, by Frank L. 
Smart; Iowa Needs More Normal Schools, by E. J. H. Beard; and 
The Demands of Modern Education, by W. A. Brandenberg. 

In Autumn Leaves for January and February there are continu- 
ations of the Biography of Alexander Hale Smith, by Inez Smith. 
In the March number there is the first installment of an account of 
the Religious Beliefs of the American Indians, by H. A. Stebbins; 
and a Biographical Sketch of Brother E. Thornton, in which is told 
the story of crossing the plains in the early days and Of early 
experiences in Utah. 

The January number of the Journal of History published at 
Lamoni by the Reorganized Church of Jesus Christ of Latter Day 
Saints opens with an article on Prehistoric America and the Booh 
of Mormon, by Henry A. Stebbins. Another article is one dealing 
with Zion's Camp, or the Expedition to Missouri: Its Purpose, by 
Charles Fry. The remaining pages are taken up with continuations 
of biographical and autobiographical sketches. 

What Kansas is Doing for her Municipalities, by Richard R. 
Price ; and The City Economic, by L. L. Tribus, are articles in the 
January number of American Municipalities. In the February 
number J. D. Glasgow discusses Sanitation of Cities; and there is a 
Report of the Committee on Public Utility Statistics, by J. F. Ford. 
This report is continued in the March number, where may also be 
found an article on Sidewalks and Sidewalk Ordinances, by B. F. 
Swisher. 

The Road-Maker for January contains the proceedings of the 
meeting of the State Good Roads Association at Des Moines on 
December 17 and 18, 1912. Among the papers were: State and 
County Organization for Road Administration, by F. F. Jones; 
Permanent Roads: Are We Ready for Them?, by "W. G. Raymond; 
and The Automobile Tax: What Best Use Can be Made of Itf, by 
Henry Wallace. An article which appears in this number is one 
by E. I. Lewis on The Real Thing in Good Roads. 



SOME PUBLICATIONS 



287 



SOME RECENT PUBLICATIONS BY IOWA AUTHORS 

Botsford, George Willis, 

A Source Book of Ancient History. New York : The Macmillan 
Co. 1912. 
Branch, Homer P., 

Stories in Rhyme. Sumner, Iowa: Published by the author. 
1912. 
Cole, Cyrenus, 

Anna Marcella's Booh of Verses. Cedar Rapids: The Torch 

Press. 1912. 
Conger, Sarah Pike, 

Old China and Young America. Chicago : F. G. Brown & Co. 

1913. 

Durley, Ella Hamilton, 

The Standpatter. New York: Herald Square Publishing Co. 
1913. 
Ferber, Edna, 

Boast Beef Medium. New York: Frederick A. Stokes. 1913. 
Foster, Warren Dunham (Joint author), 

Heroines of Modem Progress. New York : Sturgis & Walton. 
1913. 
Gilson, Roy Rolfe, 

The Legend of Jerry Ladd. Garden City: Doubleday, Page & 
Co. 1913. 
Grow, Oscar, 

The Antagonism of Races. Waterloo : Published by the author. 
1913. 

Hatfield, Clarence E., 

The Echo of Union Chapel. New York: The Broadway Co. 
1912. 

Hoist, Bernhart Paul, 

Poems of Friendship, Life, Home, Love, Religion, and Other 
Poems. Boone, Iowa : Published by the author. 1913. 
Hornaday, William Temple, 

Our Vanishing Wild Life, Its Extermination and Preservation. 
New York: Charles Scribner's Sons. 1913. 



288 IOWA JOURNAL OF HISTORY AND POLITICS 



Hughes, Rupert, 

Music Lovers' Cyclopedia (New and revised edition). Garden 

City : Doubleday, Page & Co. 1912. 
The Amiable Crimes of Dirk Memling. New York: D. Apple- 
ton & Co. 1913. 
The Lady Who Smoked Cigars. New York: Desmond Fitz 
Gerald. 1913. 
Hutchinson, Woods, 

Common Diseases. Boston : Houghton, Mifflin & Co. 1913. 
Macbride, Thomas H., 

Science Ethical. Cedar Rapids : The Torch Press. 1912. 
Maclean, Paul, 

History of Carroll County, Iowa. Chicago : The S. J. Clarke 
Publishing Co. 1912. 
Robinson, G. S., 

Employment of Prisoners. Anamosa: Reformatory Print. 

1913. 

Rockwood, Elbert W., 

Introduction to Chemical Analysis for Students of Medicine, 
Pharmacy, and Dentistry (Fourth Edition). Philadelphia: 
P. Blakiston's Sons & Co. 1912. 
Rogers, Julia Ellen, 

The Book of Useful Plants. Garden City : Doubleday, Page & 
Co. 1913. 
Seerley, Homer H., 

The Country School. New York: Charles Scribner's Sons. 

1913. 

Smith, Franklin Orion, 

A Rational Basis for Determining Fitness for College Entrance. 
Iowa City : The State University of Iowa. 1912. 
Smith, Fred B., 

A Man's Religion. New York: Association Press. 1913. 
Thanet, Octave (Alice French), 

A Step on the Stair. Indianapolis: The Bobbs-Merrill Co. 

1913. 



SOME PUBLICATIONS 



289 



Thompson, Elbert N. S., 

The Theme of Paradise Lost. The Modern Language Associa- 
tion of America. 1913. 
Tjernagel, T., 

Paragraphs of a Pedestrian. Northfield, Minn. : Mohn Printing 
Co. 1913. 

SOME RECENT HISTORICAL ITEMS IN IOWA NEWSPAPERS 

The Register and Leader 

Alexander Scott, Man who Built First State House, January 5, 1913. 
Hunting Elk in Iowa Just as in the Pioneer Days, January 5, 1913. 
The Grindstone War and Port Janesville in Northern Iowa, Janu- 
ary 19, 1913. 

Iowa Land Marks Should be Made Into Monuments, January 19, 
1913. 

Early Day Desperadoes, by 0. H. Mills, January 19, 1913. 
C. J. McParland, Noted Early Iowa Judge, January 19, 1913. 
The Morrill Land Grant Colleges, by Irving N. Brant, January 19, 
1913. 

History of Des Moines College, by Eugene Parsons, January 26, 
1913. 

Oldest Pioneer Family in Story County, January 26, 1913. 
History of the Iowa Pension Agency, February 2, 1913. 
Luther Kreigh Helped Build Early Railroads, February 2, 1913. 
Last Vestige of Kanesville Torn Down, February 2, 1913. 
Mystery of Painted Rock in Clayton County, February 2, 1913. 
The $3,000 Indian Book, by Johnson Brigham, February 2, 1913. 
Thrilling Escape of Iowa Soldiers and Rescue at Sea in War Times, 

February 9, 1913. 
Grave of Founder of Mt. Pleasant, February 9, 1913. 
Pioneer Publicity Was Big Success, by H. M. Harwood, February 

9, 1913. 

Blizzards of Pioneer Iowa Recalled, by Ira A. Williams, February 
23, 1913. 

"Tama Jim" Wilson Home After Sixteen Years at Washington, 
March 2, 1913. 

VOL. XI — 19 



290 IOWA JOURNAL OF HISTORY AND POLITICS 

The Charge at Donelson, by J. B. Weaver, February 15, 1913. 
Something About Some of the Old Newspapers of the State, Febru- 
ary 16, 1913. 

Stephen V. Hoyt, a Lincoln Republican, March 2, 1913. 
First Reaper in Wayne County, Iowa, March 2, 1913. 
Map of Iowa in 1850, March 2, 1913. 
Leslie M. Shaw's Views of Finance, March 9, 1913. 
A Chapter of County History, by C. W. Von Coelin, March 16, 
1913. 

Romance in Development of the Water Power Along the Iowa, 

March 16, 1913. 
Kossuth County's Efforts to Divide Itself, March 23, 1913. 

The Burlington Hawk-Eye 

In Old Burlington. (In each Sunday issue.) 

Chronology of the Year 1912 in Burlington, January 5, 1913. 

Sketch of Life of Henry M. Springer, February 16, 1913. 

The North, South, Constitution and the Union, by J. H. Tedford, 

February 23, 1913. 
Charles Carter Hasty, A Washington County Pioneer, February 

23, 1913. 

Railroading in the United States as it Was a Half Century Ago, 

March 2, 1913. 
War Time Reminiscences, by W. P. Elliott, March 2, 1913. 
The Life and Character of E. H. Hubbard, March 2, 1913. 



HISTOBICAL SOCIETIES 



PUBLICATIONS 

An article on Distinguished Guests and Residents of Medford, 
by Eliza M. Gill, is the leading contribution in the January number 
of The Medford Historical Register. 

Seward and the Declaration of Paris is the title of an address by 
Charles Francis Adams which has been reprinted in pamphlet form 
from the Proceedings of the Massachusetts Historical Society. 

The October-December number of the Quarterly Publication of 
the Historical and Philosophical Society of Ohio is devoted to the 
annual reports of the officers of the Society for the year ending 
December 2, 1912. 

Early Chapters in the Development of the Potomac Route to the 
West, by Corra Bacon Foster, is a volume of nearly three hundred 
pages published by the Columbia Historical Society at "Washington, 
D. C, which is of interest and value to students of the westward 
movement of the American people. 

The Historical Collections of the Essex Institute for January 
opens with a Diary for the Year 1759 Kept by Samuel Gardner of 
Salem. Among the other contributions are some Old Norfolk Coun- 
ty Deeds, 1671-1689, and a continuation of the description of A 
Genealogical-Historical Visitation of Andover, Mass., in the Year 
1863, by Alfred Poore. 

The Register of the Kentucky State Historical Society for Janu- 
ary opens with a chapter from Otto A. Rothert's forthcoming 
History of Muhlenberg County, Kentucky, dealing with the career 
of General John Peter Gabriel Muhlenberg. A. C. Quisenberry 
writes a sketch which is headed A Hundred Years Ago — (( The 
River Raisin". George Baber is the writer of an article on Ken- 
tucky, A Land of Heroism, Eloquence, Statesmanship and Letters, 
and of a brief sketch on The Battle of Chickamauga. 



291 



292 IOWA JOURNAL OF HISTORY AND POLITICS 

Ponce de Leon's Patents for Colonization, by L. D. Scisco; The 
Vaults in St. John's Churchyard, by William J. Lallou; and a 
number of letters and documents relative to The Church of the 
Holy Trinity, Philadelphia, compiled by the late Martin I. J. Grif- 
fin, are contributions which make up the contents of the December 
number of the Records of the American Catholic Historical Society. 

F. A. Sampson presents a brief outline of the plans and activities 
of The State Historical Society of Missouri in the opening pages of 
the Missouri Historical Review for January. Other contributions 
are : The Story of the Civil War in Northeast Missouri, by Floyd C. 
Shoemaker; History of Missouri Baptist General Association, by 
E. W. Stephens; What I Saw at Wilson's Creek, by Joseph A. 
Mudd; and Vanbibber Tavern, by Huron Burt. 

Three contributions make up the contents of the Journal of the 
Presbyterian Historical Society for December, namely : The Writ- 
ings of the Rev. John Philip Boehm, Founder of the Reformed 
Church in Pennsylvania, translated and edited by William J. 
Hinke; part two of the History of the Presbytery of New Bruns- 
wick, by George H. Ingram ; and Some Facts Pertaining to the Tab- 
ernacle Presbyterian Church of Philadelphia, by John Edmands. 

The excerpt from The Randolph Manuscript printed in the 
January number of The Virginia Magazine of History and Biogra- 
phy is a continuation of the commission and instructions issued to 
the Earl of Orkney for the government of Virginia. Lyman Chalk- 
ley contributes some Revolutionary Pension Declarations from the 
records of Augusta County, Virginia. Under the heading of 
Virginia in 1666-1667 may be found, among other things, a de- 
scription of the government of the colony of Virginia. 

Volume fourteen of the Collections of the Connecticut Historical 
Society is devoted entirely to the record of the Original Distribu- 
tion of the Lands in Hartford among the Settlers, 1639, edited by 
Albert C. Bates. The amount of land received by each settler 
according to an agreement entered into on January 3, 1639, varied 
from six to one hundred and sixty acres, while tracts of from three 
to six acres were granted to certain settlers who were known as 
proprietors by courtesy. 



HISTORICAL SOCIETIES 



Volume six of the Publications of the Louisiana Historical So- 
ciety is a centennial number devoted to the proceedings at the 
celebration of the one hundredth anniversary of the admission of 
Louisiana into the Union. There are addresses by Governor Jared 
Y. Sanders of Louisiana, Mayor Martin Behrman of New Orleans, 
Secretary of State Philander C. Knox, Governor Earl Brewer of 
Mississippi, Professor Alcee Fortier, and others, and a number of 
interesting toasts offered at the banquet which closed the day's 
celebration. 

The Exploration of the Upper Columbia is reviewed in a brief 
article by 0. B. Sperlin, which appears in the January number of 
The Washington Historical Quarterly. Leo Jones presents a short 
study of Proposed Amendments to the State Constitution of Wash- 
ington. Allen Weir is the writer of a biographical sketch of 
William Weir. Finally, there is a list of The Pioneer Dead of 1912, 
prepared by Thomas W. Prosch. In the Reprint Department there 
is a continuation of George Wilkes's History of Oregon, originally 
published in New York in 1845. 

The monograph on The Political Activities of the Baptists and 
Fifth Monarchy Men in England During the Interregnum, by 
Louise Fargo Brown, which won the Herbert Baxter Adams Prize 
in European History for 1911, has been published by the American 
Historical Association in the series of Prize Essays. The seven 
chapters are devoted, respectively, to Baptists and Fifth monarchy 
men, government by the saints, the protector and the saints, saints 
in prison and out of prison, kingdom building, Ireland and the 
protectorate, and overturning. 

In the opening pages of the Maryland Historical Magazine for 
December may be found a continuation of the Letters of Rev. Jona- 
than Boucher. Then follows A Diary of a Baltimorean of the 
Eighteenth Century, edited by Samuel Claggett Chew, in which are 
recorded the events and impressions of visits to England and France 
made by Thomas Parkin in 1794 and 1795. Under the heading 
of Defence of Baltimore, 1814, may be found some letters written 
by James Piper. There is a continuation of Land Notes 1634-1655, 
and a biographical sketch of Isaac Briggs, by Ella Kent Barnard. 



294 IOWA JOURNAL OF HISTORY AND POLITICS 



Volume thirty-two of the Archives of Maryland, published by the 
Maryland Historical Society, contains the Proceedings of the Coun- 
cil of Maryland, April 15, 1761-September 24, 1770, edited by 
William Hand Browne. This period covers the last years of the 
governorship of Horatio Sharpe and the first year of the governor- 
ship of Robert Eden, the record of the remainder of the latter 's 
administration having been lost. The volume also contains the 
minutes of the Board of Revenue of Maryland from 1768 to 1775, 
and the orders and instructions to Governor Robert Eden in 1773. 

Among the articles to be found in the Records of the Past for 
November-December are: The Old City of Lincoln, by Adelaide 
Curtiss; The Cayuga Chief, Doctor Peter Wilson, by Grace Ellis 
Taft; The Logan Elm, by George Frederick Wright; Notes on the 
Mixteca, by L. N. Forsyth ; and The XIX International Congress of 
Americanists, 1914, by Ales Hrdlicka. In the January-February 
number Florence B. Wright discusses The Lost Towns of the York- 
shire Coast, and Arthur C. Parker presents a brief outline of the 
Work of the Anthropological Section in the New York State Mu- 
seum. 

Among the papers in the sixteenth volume of the Collections of 
the Nova Scotia Historical Society are the following: Memoir, 
Lieut. -Governor Michael Franklin, 1752-1782, by James S. Mac- 
donald; The Trent Affair, by George Johnson; James William 
Johnston, First Premier of Nova Scotia Under Responsible Govern- 
ment, by John Y. Payzant; Notes Historical and Otherwise of the 
Northern District of Queens County, by R. R. McLeod ; History of 
St. Matthew's Church, Halifax, N. S., by Walter C. Murray; and 
Early Reminiscences of Halifax — Men Who Have Passed from Us, 
by Peter Lynch. 

Volume six, part two of the Historical Records and Studies, 
edited by Charles George Herbermann and published by the 
United States Catholic Historical Society, contains a number of 
interesting contributions. Among them may be mentioned: John 
Cardinal Farley, by P. J. Hayes; Some Catholic Names in the 
United States Navy List, by John Furey ; Very Reverend Pierre 
Gibault, V. G., by Charles George Herbermann and Henry F. 



HISTORICAL SOCIETIES 



295 



Herbermann; New York's First Irish Emigrant Society, by Thomas 
F. Meehan; Bibliography of John Gilmary Shea, by Edward Spil- 
lane; and a review of the third volume of Campbell's Pioneer 
Priests of North America, by Charles George Herbermann. 

A report of The Joint State Assembly at Manitowoc and Two 
Rivers, August 23-24, 1912, by Charles E. Brown, appears in The 
Wisconsin Archeologist for January. Included in the report are 
the following papers which were read at the meeting: The Work 
of Local Historical Societies, by Ralph H. Plumb; The National 
Preservation of Prehistoric Monuments, by J. 0. Kinnaman; and 
an address by Louis Falge which dealt with the early Indian his- 
tory of the Old Northwest. Other contributions in this number 
of the periodical are : Trempealeau, Vernon and Crawford County 
Notes, by Towne L. Miller ; Potato Lake, Busk County Mounds, by 
W. H. Bailey ; and La Crosse and Monroe County Notes, by Charles 
E. Brown. 

In the opening pages of The Southwestern Historical Quarterly 
for January there is an article on The Question of the Eastern 
Boundary of California in the Convention of 1849, by Cardinal 
Goodwin. Then follows a second installment of Charles Wilson 
Hackett's monograph on The Retreat of the Spaniards from New 
Mexico in 1680, and the Beginnings of El Paso. In a brief sketch, 
entitled Virginia and the Independence of Texas, James E. Winston 
discusses the part played by Virginians in accomplishing the sep- 
aration of Texas from Mexico. Adele B. Looscan presents a bio- 
graphical sketch of Dugald McFarlane, a Scotchman who was 
among the pioneers of Texas. The fifth installment of Correspond- 
ence from the British Archives Concerning Texas, 1837-1846, edited 
by Ephraim Douglass Adams, contains letters written chiefly be- 
tween April 25th and the last of May, 1843, by Lord Aberdeen, 
Charles Elliot, Sam Houston, and others. Under the heading of 
Notes and Fragments may be found some data relative to The 
Whereabouts of Sam Houston in 1834. 

In an article on Changes of Climate and History, which appears 
in the January number of The American Historical Review, Ells- 
worth Huntington argues for the theory of ' 'pulsatory" or com- 



296 IOWA JOURNAL OF HISTORY AND POLITICS 



paratively rapid changes in climate as opposed to the theory of 
gradual changes ; the theory that in a given region there have been 
periods of marked dryness and periods of marked moisture rather 
than a regular evolution in climate in the course of the centuries. 
The relation of climate to the history of nations, according to this 
theory, is pointed out by a number of illustrations. Tenney Frank 
discusses Mercantilism and Rome's Foreign Policy; William Thomas 
Laprade writes on William Pitt and Westminster Elections; and 
George L. Rives presents a survey of Mexican Diplomacy on the 
Eve of War with the United States. Finally, there is a discussion 
of The Question of Arming the Slaves, from the standpoint of the 
Confederate government, written by N. W. Stephenson. Under the 
heading of Documents there may be found an installment of Cor- 
respondence of the Russian Ministers in Washington, 1818-1825. 

The greater part of the Ohio Archaeological and Historical Quar- 
terly for January is devoted to the proceedings of the fifth annual 
meeting of the Ohio Valley Historical Association at Pittsburgh, 
October 30 to November 1, 1911, at which time the centennial an- 
niversary of the beginning of steam navigation on the western 
waters was celebrated. Among the papers read at the meeting are : 
The Influence of the Ohio River in Western Expansion, by Edwin 
Erie Sparks; Washington, Pittsburgh and Inland Navigation, by 
Professor Dyess; Constructing a Navigation System in the West, 
by H. Dora Stecker; The Pittsburgh-Wheeling Rivalry for Com- 
mercial Headship on the Ohio, by James Morton Callahan; Ship 
and Brig Building on the Ohio and Its Tributaries, by Richard T. 
Wiley; Pittsburgh: A Key to the West During the American Revo- 
lution, by James Alton James ; The Future of Navigation on Our 
Western Rivers, by Albert Bettinger; American Interests in the 
Pacific, by Homer B. Hulbert ; and The Relation of New England 
to the Ohio Valley, by Carl Russell Fish. The remaining pages of 
this number of the Quarterly are taken up with The Autobiography 
of Thomas Ewing, edited by Clement L. Martzolfi 2 . 

Robert F. Gilder discusses some archaeological finds and investi- 
gations in an article entitled Prehistoric Tillage Sites of Harrison 
County, Iowa, which appears in the belated July, 1912, number of 



HISTORICAL SOCIETIES 



297 



the Annals of Iowa. Loren S. Tyler describes The Tyler Photo- 
graphs of Iowa Military Men, which, as the list indicates, is a re- 
markable collection. The Aboriginal Use of Mineral Coal and Its 
Discovery in the West is the subject of a brief sketch by Charles 
R. Keyes. In the series of articles on Prominent Men of Early 
Iowa, Edward H. Stiles discusses the career of Thomas S. Wilson, 
Associate Justice of the Supreme Court of the Territory of Iowa 
and a well-known figure in Iowa politics during the early years of 
statehood. Finally, under the heading of Dr. Gotland's Account of 
the Half -Breed Tract may be found some extracts from the Iowa 
Advocate and Half -Breed Journal published by Isaac Galland, be- 
ginning in August, 1847. The October number of the Annals is 
occupied chiefly with an interesting account of the Pioneer History 
of the Territorial and State Library of Iowa, by Johnson Brigham. 
In addition there is an article on Spanish Mines: An Episode in 
Primitive American Lead-Mining, by Charles R. Keyes. 

ACTIVITIES 

The sixth, annual meeting of the Mississippi Valley Historical 
Association will be held at Omaha, Nebraska, on May 8-10, 1913. 

An organization which will no doubt be often confused with the 
American Historical Association is one named the American History 
Society, recently formed, with headquarters in New York City. 

The Hakluyt Society has come into the possession of a number 
of valuable documents relative to the voyage of Francis Drake 
along the Pacific coast in 1579, discovered in the Mexican Archives 
by Mrs. Zelia Nuttall. The documents will be published by the 
Society. 

The biennial report of the State Historical Society of Missouri 
indicates that the two years ending December 31, 1912, have been 
years of progress and expansion in the affairs of the Society. More 
room has been acquired for the collections, nearly five thousand 
books and a large number of pamphlets have been added to the 
library, and the membership has been creditably increased. The 
budget for the coming biennium calls for about nineteen thousand 
dollars, and the need of a new fireproof historical building is strong- 
ly emphasized. 



\ 



298 IOWA JOURNAL OF HISTORY AND POLITICS 

At the regular monthly meeting of the Maryland Historical 
Society on December 9, 1912, Mr. Mendes Cohen, who for many 
years has been the President of the Society, requested that his name 
be not again presented in nomination for the office. At the same 
time he strongly recommended the thorough reorganization of the 
Society, a task which he felt should be assigned to a younger man. 

The Jefferson County Historical Society held its annual meeting 
at Fairfield on February 5, 1913, and the following officers were 
chosen for the ensuing year : T. L. James, President ; R. W. Lamson, 
Vice President; Hiram Heaton, Secretary; C. W. Cage, Treasurer; 
and J. W. McLean, Historian. The Society voted to hold its regular 
meetings quarterly, instead of monthly, hereafter, and a committee 
was appointed to investigate the matter of placing a monument on 
the site in Fairfield where the first State fair in Iowa was held. 

The Marshall County Historical Society held its annual meeting 
on March 18, 1913. The following officers were elected : Mrs. H. J. 
Howe, President ; Mrs. May F. Montgomery, Vice President ; Mrs. 
Maude Battis, Recording Secretary; Dr. Cora Williams Choate, 
Treasurer; Robert W. Stevens, Curator; and Mrs. L. C. Abbott, 
C. F. Schmidt, Miss Minnie Russell, and A. Palmer, members of 
the Board of Directors. The membership of the Society now num- 
bers about one hundred. An effort is being made to secure a room 
in the Court House in which to preserve the relics and other col- 
lections of the Society. 

The tenth annual meeting of the Madison County Historical 
Society was held at Winterset on March 18, 1913. Mr. Edgar R. 
Harlan delivered an address on The Mormon Trail Across Iowa; 
and there were biographical sketches of M. L. McPherson, by Judge 
Smith McPherson, and of Judge John A. Pitzer, by E. R. Zeller. 
The election of officers resulted as follows : President, H. A. Muel- 
ler; Vice President, William Brinson; Secretary-Treasurer, E. R. 
Zeller ; Board of Directors, J. J. Gaston, Henry Hawk, Laura J. 
Miller,' J. W. Leinard, and William Gentry. A committee was ap- 
pointed to endeavor to raise money for the purchase of an old log 
cabin. 



HISTORICAL SOCIETIES 



299 



THE STATE HISTORICAL SOCIETY OF IOWA 

A new handbook containing a description of the scope and activ- 
ities of The State Historical Society of Iowa, together with a list of 
members, has been issued. 

Mr. George W. Hanna of Lu Verne, a member of the Society, is 
the writer of some interesting Reminiscences of Some of Waterloo's 
Pioneers which appeared in the Waterloo Evening Courier in the 
so-called " Improvement Number" for 1912. 

Dr. John C. Parish of Denver, Colorado, who is the author of 
three of the volumes in the Iowa Biographical Series and was for 
several years Assistant Editor in The State Historical Society of . 
Iowa, spent a week at Iowa City early in March. On March 11th 
he led the discussion at a Conference-Seminar held in the rooms of 
the Society, his subject being "Research and Interpretation". Dr. 
Parish is at present devoting his time to historical writing, dealing 
with the period of French exploration in the Mississippi Valley. 

The following persons have recently been elected to membership 
in the Society: Mr. Fred Biermann, Decorah, Iowa; Mr. Benj. J. 
Ricker, Grinnell, Iowa ; Mr. W. H. Thomson, Jr., Des Moines, Iowa ; 
Mr. L. H. Brown, Creston, Iowa; Mr. Henry 0. Bernbrock, Water- 
loo, Iowa; Mr. L. L. Caldwell, Parkersburg, Iowa; Mr. E. W. Clark, 
Mason City, Iowa; Mr. Lee Elwood, Elma, Iowa; Mr. F. P. Hage- 
man, Waverly, Iowa; Mr. Geo. W. Hanna, Lu Verne, Iowa; Mr. 
Henry W. Dunn, Iowa City, Iowa ; Mr. George McLean, Dubuque, 
Iowa; Miss Louise Hughes, Strasburger, Nebraska; and Mr. L. B. 
Carlisle, Union, Iowa. Mr. C. D. Cass, Waterloo, Iowa, was elected 
to life membership. 



/ 



NOTES AND COMMENT 

A memorial fountain will be erected in Jackson Park in Dubuque 
in honor of the late Judge B. W. Lacy. 

Mrs. Irene Thomas, said to have been the last survivor of the 
Spirit Lake Massacre of 1857, recently died at Munden, Kansas. 

The fourteenth biennial meeting of the Pioneer Lawmakers' 
Association of Iowa was held at Des Moines on March 19 and 20, 
1913. 

The American Society for Judicial Settlement of International 
Disputes held its third annual conference at Washington, D. C. in 
December, 1912. 

The Des Moines Pioneers met at the Chamberlain Hotel in Des 
Moines early in January. Mr. James B. Weaver, Jr., delivered an 
address dealing with the early settlers of Keosauqua, Iowa. 

Charles W. Eliot, W. D. Foulke, and Charles J. Bonaparte were 
among the speakers at the thirty-second annual meeting of the 
National Civil Service Reform League at Milwaukee in December. 

The afternoon of March 20th was set aside by the General As- 
sembly of Iowa for memorial exercises in commemoration of the 
late William Larrabee. The principal address was made by Senator 
William S. Kenyon. 

An Allison-Henderson Memorial Association has been formed at 
Dubuque and a fund of ten thousand dollars Eas been raised for 
the purpose of erecting some suitable memorial to the two dis- 
tinguished statesmen who once lived in Dubuque. 

The Camp McClellan Association of Davenport held its annual 
meeting on March 17th, and elected the following officers : A. F. 
Dawson, President; F. A. Waugh, Vice President; and J. F. Yost, 
Secretary-Treasurer. The Association plans to mark the spot within 
the city of Davenport where Pike camped while on his exploration 



300 



NOTES AND COMMENT 



301 



of the Mississippi, the site of the old Indian burying ground, and 
the place where the barracks stood during the Civil War. 

An evidence of the spread and growth of the commission govern- 
ment idea is to be found in the fact that during 1912 thirty-five 
cities in all sections of the United States adopted the plan, among 
them being Pasadena, California ; Boise, Idaho ; Sheffield, Alabama ; 
St. Paul, Minnesota ; Atlantic City, New Jersey ; Lincoln, Nebraska ; 
New Orleans, Louisiana; and Everett, "Washington. During 1912 
the commission plan was rejected in eight cities. 



CONTRIBUTOES 



Feed Emoky Haynes, Professor of Economics and Sociology 
at Morningside College, Sioux City, Iowa. Born near Boston, 
Massachusetts in 1868. Graduated from Harvard University 
in 1889. Eeceived the degree of M. A. in 1890 and of Ph. D. 
in 1891 at Harvard University. Studied in Germany and 
England, 1891-1892. Instructor in History at the University 
of California, 1892-1895. Assistant in History at Harvard 
University, 1896-1897. Engaged in settlement work in Boston, 
1895-1900. Author of The Reciprocity Treaty of 1854 with 
Canada; and The New Sectionalism; and two chapters in The 
City Wilderness, edited by R. A. "Woods. 

Clifford Powell, General Assistant in The State Historical 
Society of Iowa. Born at Elliott, Iowa, on December 14, 1887. 
Graduated from the Red Oak High School in 1906 and from 
the College of Liberal Arts of the State University of Iowa in 
1910. Received the degree of M. A. in 1912 from the State 
University of Iowa. Author of The Contributions of Albert 
Miller Lea to the Literature of Iowa History. Winner of the 
Colonial Dames Prize for the best essay on Iowa history in 1909. 

Jacob Van dek Zee, Besearch Associate in The State His- 
torical Society of Iowa. (See The Iowa Journal op History 
and Politics for January, 1913, p. 142.) 

Thomas Julian Bryant, Member of The State Historical 
Society of Iowa. Member of the State Historical Society of 
Missouri. Born April 27, 1873, at Ashgrove, Iowa. Graduated 
from the Southern Iowa Normal at Bloomfield in 1892, with 
the degree of B. S. Graduated from the Law Department of 
Drake University in 1896. Author of A War Time Militia 
Company; and an article on Daniel Boone. 

302 



THE STATE HISTORICAL SOCIETY OF IOWA 

*V : ^^' ^ by Law in the: Yia» 1857 

fef^'',.,, 1 V' L O C A T E D AT I W A OlTY IOWA 



RALPH P. LQW^g| 
K|j. KIBKWOOW 

:>. H. LEE . ; '|-'.;f : f 
W. PENN CLARKE 



JT^MiBS W. GRIMES, Firs* Pr^fltt* 

ROBERT HUTCHINSON GEORGE G. WRIGHT 
:l M. J. MORSMAN JOSIAH L. PICKARD 

WILLIAM G. HAMMOND PETER A. BEY .. i 



OFFICERS 



BENJAMIN F. SHAMBAUGH. . 3*>:YviX Superintendent 



[ EUCLITT SANDERS- .w : ^Mfl™:; ? Vi- • • • ■ v ' ' ■ President 

PAUL A. K0RA ^"^^^^^^RS " ' * Treasurer 

FRANK E. HORACK ..... -J^^Sl- • • ............ i ff. * « Secretary 

^P'S $ OF CURATORS ;§§§ ^ ^ : ^| ; |: 

> Elected by the Society Appointed by the Governor 

Ieo. W. Ball Marvin H. Dey Marsh W. Bailey Byron W. Newberry 

J. W. Rich Henry G. Walker M. F. Edwards A. C. Savage 

liuqLiD Sanders Henry Albert X J. McConnell E. W. Stanton 

| Arthur jr. Cox S. A. Swisher John T, Moffit W. H. Tedford f; 

I Charles M. Dutcher ; J. B. Weaver, Jr. 



V^w<C* A MSSMBERSHIP' , . \|R " ^ :*< f ' 

person may become a member of The State Historical Society of Iowa upon 
||&tion by the Board of Curators and the payment of an entrance fee of $3.00. 

Membership in this Society may be retained after the first year upon the payment of 

,13.00 annually. , * U 'r'^;'G v*V ■ : ' y -\.'"' ; ' : . '"• ^'-H^^J^^k. : ^'^^^i<0' : ¥^Bl 

Members of the Society shall be entitled to receive the quarterly and all other publications 

of the Society during the continuance of their membership. 

Any public, school, or college library in the State of Iowa may be enrolled as a library 

aember upon application and the payment of a fee of $1.00. Such library membership may be 

tained after the first year upon the payment of $1.00 annually. Libraries enrolled as library 

embers of The State Historical Society of Iowa shall be entitled to receive the quarterly 

id all pther publications of the Society issued during the period of their membership. 

£$i^$Z ;'••••%>,'-'..! Address all Communications immS^^^'i '■ '■^ '• llflPvt 
> The State Historical Society Iowa City Iowa : ; f • ^ 



THE 





of illpf, : 

wvdPolitics 



JULY 1913 




Published Quarterly \m 



Iowa. City Iowa. 























BEN J AMIN F. S HA MBAU^f 
Assistant Editor, BAN E. CLArS! 



vol xi || 



History Made by Plain Mst^K^Tp'I'l^ Louis Pelzer 3$f 

Episodes in the Early History of the Western Iowa Country J| 

§| pi ' ■'. J^./i" ■^-'■^'^:^'^' : ; v V.--= : '^^^^^^^^^^^mS^^^^^^^^^^^^^^^^^^ -Van-mer Zee ; ' 328 

History of the Codes of Iowa Law. V— The Code of 1897 

18: SSi'I'S & ■. fill? '^.S'^S^^^K^S^ - ■ ■' ; Clifford Powell ■ 36i 

Some Publications . . ; 5 ' . . : ^y, ;.; . . . 444 
Americana — General and Miscellaneous v ^ " . . ^ - 44 

Iowana 'if ;: & ♦ . ^^^^^^w^^^^M^^^B^^^^^^^wE 
Historical Societiefei>g^ 461 
Notes and Comment ^^:'!5;r t^-S^^ ^ - ; ^S^>; ,• 
Contributors . v ' . J^^^^^^^«;^^^y^S^^^^^^^^fflj 

Copyright IBIS by The State Historical Society of Iowa * s 



' THE IOWA JOURNAL OF HISTORY AND POLITICS 

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SubSob ip t i o n Price: $S . 1; ; / ' Single Number: 5J) C x n t S j 

Address all Communications to "f$'£, • j 

The State Historical Society Iowa City Iowa A • ? 



THE IOWA JOUKNAL OF HISTOEY AND POLITICS 

JULY NINETEEN HUNDRED THIRTEEN 
VOLUME ELEVEN NUMBER THREE 



VOL. XI — 20 



HISTORY MADE BY PLAIN MEN 



During the comparatively short era of man's recorded 
history his story has been told from various view-points: 
some writers have approached the subject with the con- 
viction that Religion is the key to History; another insists 
that civilization has moved along with the drum and the 
trumpet; a third that the State is the great central fact in 
history, agreeing with Freeman that history is past politics ; - 
Mr. Seligman has written on the economic interpretation of 
history; 1 while others have emphasized the biographical 
element — the Alexanders, the Charlemagnes, the Bis- 
marcks, or the Gladstones. 

This paper is an attempt to examine another force which 
permeates all the others, which is less tangible but omni- 
present. This is the part played by Plain Men — those 
individuals not endowed with greatness or with power, 
whose spheres of operation are small and whose careers are 
not perpetuated in marble, in the national archives, or in 
the sifted products of historical study. 

Hero-worship is a part of our moral nature which impels 
us to render our tributes of admiration and praise to those 
famous processions of statesmen, priests, poets, soldiers, 
and inventors that have passed by and on. Their achieve- 
ments survive them in the laws, the morals, or the institu- 
tions which they were conspicuous in establishing or 
adorning. Pageants, holidays, celebrations, and monu- 
ments reveal this trait which is one of the qualities which 
makes for a noble personal or national welfare. 2 

1 Seligman 's The Economic Interpretation of History in the Political Science 
Quarterly, Vol. XVI, p. 612. 

2 Storrs's Contributions made to our National Development by Plain Men in 
the Annual Eeport of the American Historical Association, 1896, Vol. I, pp. 
37-63. 

307 



\ 



308 IOWA JOURNAL OF HISTORY AND POLITICS 

Interest in great men would alone be sufficient to per- 
petuate their names. Their thoughts, deeds, and example 
are such as to inspire, long after the actor has passed 
away. Of Admiral Nelson Mr. Robert Southey has said: 3 
"He has left us .... a name and an example, 
which are at this hour inspiring hundreds of the youth of 
England: a name which is our pride, and an example 
which will continue to be our shield and our strength. 
Thus it is that the spirits of the great and the wise con- 
tinue to live and to act after them : verifying, in this sense, 
the language of the old mythologist : 

'For gods they are, through high Jove's counsels good, 
Haunting the earth, the guardians of mankind. ' ' 9 

Hence let no one attempt to disparage the achievements 
of those personages who have been in the fore of achieve- 
ment nor to take from them the credit which is justly theirs. 
"Great men," Carlyle has said, "taken up in any way are 
profitable company. ' ' 

But beyond question our homage and recognition should 
not stop here but should extend likewise to the quiet, un- 
adorned and oft unheralded achievements of that unnum- 
bered, unnamed army of world's workers designated here 
as Plain Men. These with fewer opportunities and with 
feebler powers have labored with industry, patience, and 
not infrequently with great effect in advancing the world 's 
progress. 

The mighty currents of history are after all formed by 
the great body of the people. The movers of the world are 
not Atlas and Archimedes but the units of mankind. The 
good rulers influence the varied interests of society some- 
what as the mountains give direction to the wind. States- 
men, generals, priests, and rulers — these are the creatures 

3 Southey 's The Life of Nelson, p. 326. Edited by David Hannay. London : 
William Heinemann, 1897. 



HISTORY MADE BY PLAIN MEN 



309 



rather than the creators of civilization. 4 Gladstone repre- 
sents England ; Napoleon, France ; Luther is Germany, and 
Illinois gave us Abraham Lincoln. 

Perhaps the most striking trait of the modern scientific 
method, suggests a modern historian, is an appreciation of 
the transcendent importance of the small, the inconspicu- 
ous, and the obscure. The historians of the old school nei- 
ther saw nor had any interest in the common routine and 
humdrum of daily life. They were attracted to parliaments, 
kings, wars, treaties, territorial changes, and nobles rather 
than to the great mass of the plain people — how they lived, 
what they thought, how they worked and how their infinite 
number of units furnished the momentum for progress. 

With these historians, continues this writer, 4 4 It was the 
startling and exceptional that caught their attention and 
which they found recorded in the sources on which they 
depended. They were like a geologist who should deal only 
with earthquakes and volcanoes, or, better still, a zoologist, 
who should have no use for anything smaller than an ele- 
phant or less romantic in its habits than a phoenix or 
basilisk." 5 

Less calmly but perhaps more picturesquely another 
writer has stated it : 

But a little while ago it was assumed that a nation which had not 
waded through centuries of blood had no history. To our more 
refined sensibilities, pictures of battle-field agonies, catalogues of 
death wounds, and barbarous atrocities are less congenial — I will 
not say less profitable — than to the ruder tastes of Homer's listen- 
ers or to the lover of King Arthur romances. Narratives of sieges 
and battles, of the discipline and movement of armies, and of inter- 
national diplomacies; biographies of ministers and generals, the 
idiosyncracies of great men; pictures of court intrigues, dainty 
morsels of court scandals, recitations of the sayings of imbecile 

4 Cf . Bancroft '& Essays and Miscellany, Chapter V. 
5 Bobinson's The New History, pp. 48, 49. 



310 IOWA JOURNAL OF HISTORY AND POLITICS 



monarchs, anecdotes of princes, the opinions of counsellors, or the 
tortuous ways of political factions — these are not all of history. 6 

Political institutions, rebellions, and crusades are but the 
more visible manifestations of the undercurrents of racial, 
economic, and religious forces. The forces of history- 
making are less tangible and more complex than are those 
in the physical world, and, since formation and progress 
are through individual units, social evolution is slow. The 
French Eevolution was but the spectacular outburst of 
forces which were deep-seated, slow, and of long duration 
in the social structure of the common people of France. 
' ' Forms of government may be radically changed, ' ' says a 
writer in Science, i 'but the alignment of classes, subordina- 
tion, legal traditions, religious, ethical and social ideals 
still remain inevitably to nullify or to modify the results of 
the newly-made structure of government. " 7 

Such a conception of history — as a study of the social 
physics of the past — would record the progress as well as 
the doings of man, and would rescue the achievements and 
the memoirs of the - ' not-great ' ' from their undue sub- 
ordination to the abnormal, the unusual, and the pictur- 
esque. 

In the career of Gurdon Saltonstall Hubbard is reflected 
a segment of the fur-trading era in Illinois. 8 For about 
fifteen years this man was an Indian trader. Trading 
houses were established ; trails were laid out ; the good will 
and friendship of the Indians were cultivated; vast quan- 
tities of blankets, powder, whiskey, and tobacco were dis- 

6 Bancroft 's Essays and Miscellany, p. 79. 

7Carleton's History -making Forces in the Popular Science Monthly, Vol. 
LXXI, pp. 349-354. 

8 This story of the fur-trading activities of Hubbard has been constructed 
from The Autobiography of Gurdon Saltonstall Hubbard which has been edited 
with an introduction by Miss Caroline M. McHvaine, the Librarian of the 
Chicago Historical Society. 



HISTORY MADE BY PLAIN MEN 311 

tributed, and in return the furs of mink, beaver, muskrat, 
fox, ermine, and lynx were bartered, canoed and portaged 
to Mackinaw, the great mart of the Upper Lakes fur trade 
and the headquarters of the American Fur Company. To 
follow and to witness some of the activities of this man's 
career as an Indian trader, may reveal a cross-sectional 
view of a vast business of the early Middle West. 

Born in old Vermont in 1802 and entering the service of 
the American Fur Company at the age of sixteen, Hub- 
bard illustrated the old saying that " Vermont is the most 
glorious spot on the face of this globe for a man to be born- 
in, provided he emigrates when he is very young. 1 19 Near 
Montreal, Canada, Hubbard joined the clerks, boatmen, 
and hunters of the company, and on May 13, 1818, with 
canoes heavily laden with goods for the Indian trade and 
to the melodies of Canadian boat songs the expedition be- 
gan its ascent of the St. Lawrence. 

Toronto was reached in about a month. From there the 
boats were hauled overland in ox-carts to Lake Simcoe and 
the journey then continued in canoes to Lake Huron. Coast- 
ing the northern shore of this great lake the canoes on July 
4, 1818, arrived at Mackinaw. Here young Hubbard first 
saw the hosts of voyageurs, clerks, merchants, and officials 
of that mammoth corporation, the American Fur Company. 

For a month Hubbard worked at counting great quan- 
tities of skins of mink, raccoon, wild cat, fox, and lynx, 
which had been collected by hundreds of traders and hunt- 
ers from the vast area of the Great Lakes region. Hunting 
and trading expeditions soon set out for their winter quest 
for furs and young Hubbard was placed in a brigade des- 
tined for the upper part of Illinois. 

This brigade of twelve boats left Mackinaw on September 
30, 1818, and skirted the eastern shore of Lake Michigan in 

9 Quoted in Johnson's Stephen A. Douglas: A Study in American Politics, 



/ 



312 IOWA JOURNAL OF HISTORY AND POLITICS 

a southerly direction. In three weeks Hubbard beheld Fort 
Dearborn. Here for a few days the boatmen rested; boats 
and canoes were repaired ; and preparations for the south- 
ward journey were made. 

As the expedition resumed its southerly course trading 
houses were established. The first was located near the 
present city of Hennepin and the next three miles below 
Lake Peoria. Paddling down the Illinois River and estab- 
lishing posts every sixty miles on that stream the crew 
reached St. Louis on November 6, 1818. Here for two 
weeks Hubbard visited with relatives and friends and 
helped to stock the canoes with goods for the Indian trade 
in Illinois. 

Hubbard had been placed in charge of the trading house 
near the mouth of the Bureau River. Here with a band of 
companion hunters he spent the winter of 1818-1819 and 
lived upon raccoon, bear, turkey, swan, goose, crane, and 
duck. Packs of Indian goods were sent to the Sacs on Rock 
River and to the Kickapoos on the Wabash and bartered 
for the rich peltries of these regions. Hunting trips also 
added to the stores of furs in the trading house. 

In March, 1819, Hubbard's crew commenced its toilsome 
return journey to Mackinaw. Laden with the rich products 
of the season's trading and hunting and manned by veteran 
oarsmen the canoes were paddled and portaged toward the 
Mecca of the fur traders. Other outfits from the St. Joseph 
and the Calumet rivers joined the procession of boats which 
were given a hearty welcome when they arrived at Mack- 
inaw in May, 1819. 

For five or six weeks Hubbard with about a hundred 
others packed furs at Mackinaw. Dust and moths were 
removed from the skins, which were then counted, stretched, 
pressed, sorted, and invoiced. Then the neatly packed 
bundles of otter, mink, beaver, bear, or wolverine were 



HISTORY MADE BY PLAIN MEN 



313 



transferred to boats destined for the fur markets of the 
East and of Europe. 

The next season Hubbard spent at the trading and hunt- 
ing grounds on the Muskegon River in Michigan, from 
whence another cargo of peltries was sent to Mackinaw. In 
the following season he exploited the area of the Kala- 
mazoo River Valley, being accompanied by three Canadians 
and one Indian. 

Thus Hubbard spent winter after winter in the forests 
and on the streams, and at every spring returned to dis- 
charge his cargo at Mackinaw. For some time the Indians 
had known him as Pa-pa-ma-ta-be or the ' i Swift Walker ' \ 
In 1824 he was given the general superintendence over the 
trading houses of the American Fur Company on the Illi- 
nois River. 

Between Fort Dearborn and a point about one hundred 
and fifty miles south of the present town of Danville he laid 
out a path or road known as "Hubbard's Trail". On this 
route he established trading houses forty or fifty miles 
apart. To these posts goods for the Indian trade were 
carried from Fort Dearborn by pack horses and thus the 
slow and laborious transportation by boat was discon- 
tinued. 

Annual visits to Mackinaw continued and during his 
career as a fur-trader his total number of trips to that point 
amounted to twenty-six. In 1827 he was made a special 
partner of the American Fur Company and in the next year 
bought out its entire interests in Illinois. For about five 
more years he prospered in the business of trading with the 
Indian tribes. But, after the disastrous defeat of the Sacs 
and Winnebagoes in the Black Hawk War in 1832, the 
Indians were forced to withdraw from Illinois to the reser- 
vations beyond the Mississippi. This event marks the end 
of the fur traffic in Illinois. 



314 IOWA JOURNAL OF HISTORY AND POLITICS 



Hubbard's career, thus described, spans in the main the 
transition era from fur-trading to agriculture in Illinois, 
and exhibits the last stages of this primitive form of barter. 
Furthermore, his activities typify the initiative, the ag- 
gressiveness, and the efficiency of the American Fur Com- 
pany in its control of the Indian trade on a large scale. 

"Just what the American Fur Company meant to Illi- 
nois'', declares a student of Hubbard's career, "it is diffi- 
cult for us of the present to realize. But when we reflect 
that the few white settlements sprinkled here and there in 
the wilderness would have been practically out of touch 
with the world save for the river traffic carried on by this 
first of American ' trusts, ' and when we remember that the 
Indians were held in check not so much by force as by the 
self-interest of trade, we conceive its import to our fore- 
bears, not merely from the trade standpoint, but from the 
human side as well." 10 

Few people have ever heard of Gershom Flagg, a pioneer 
of Illinois, whose career illustrates one of the currents of 
westward migration from New England in the forepart of 
the last century. 11 These streams of migration starting 
from the eastern seaboard regions widened and overflowed 
into the valleys of the Ohio, the Wabash, the Illinois, and 
the Mississippi. Gershom Flagg never won a battle, nor 
wrote a statute, nor sat in the Senate nor ran for President 
of the United States. Nevertheless, in the migration and 
settlement by this man there is typified that westerning 
expansion which made possible the construction of high- 

10 Quoted from Miss Mcllvaine 's introduction to The Autobiography of 
Gurdon Saltonstall Hubbard, p. xi. 

11 For the materials from which this story of Gershom Flagg has been con- 
structed the writer is indebted to the Pioneer Letters of Gershom Flagg. These 
Letters are skillfully edited, with introduction and notes, by Dr. Solon J . Buck 
of the University of Illinois and are published in the Transactions of the 
Illinois State Historical Society, 1910, pp. 139-183. 



HISTORY MADE BY PLAIN MEN 



315 



ways, the building of churches and schools, and the found- 
ing of American homes and Commonwealths. It will repay, 
it is believed, a few minutes time to associate with such a 
man who was a participant, an observer, and a describer. 

Eight hundred and ninety-eight miles were covered by 
this youth of twenty-four in the fall of 1816 in the first 
section of his migration from Richland, Vermont, to Spring- 
field, Ohio. Reaching Troy, New York, Flagg and his com- 
panion passed the old Dutch settlement of Schenectady and 
soon reached Utica. From the thirteen-year-old village of 
Rochester their road led to Niagara Falls, Buffalo, and then 
along the lake to the port of Erie. Pennsylvania was 
crossed; and in Ohio the villages of Cadiz, Cambridge, 
Zanesville, Lancaster, Columbus, and Urbana marked their 
route. The trip had taken forty-seven days at the rate of 
nineteen miles per day and Flagg explained, "We came a 
roundabout way I suppose but I think we took the best 
road." 

Here in Champaign County, Ohio, Flagg remained for 
several months. Families of emigrants were arriving from 
New York, Vermont, and other States, penniless and with- 
out grain for their worn-out horses. "I believe Many peo- 
ple who come to this Country are greatly disappointed ", 
he writes in one of his letters to Vermont. Hardships and 
high prices were inducing not a few families to move on to 
Indiana or Missouri. "The good thing [s] in this Coun- 
try", he wrote, "are Plenty of Grain which makes large fat 
horses and Cattle Rich Land ready cleared, some Whiskey 
plenty of feed for Cattle, Plumbs, Peaches, Mellons, Deer, 
Wild turkies, Ducks, Rabits, quails, &c &c &c, little more 
Corn. The bad things are, Want of Stone, Want of timber 
for building, Bad Water, which will not Wash . . . . 
Bad Roads, ignorant people, Sick Milk, Sick Wheat, a plenty 
of Ague near the large streams Bad situation as to trade." 



316 IOWA JOURNAL OF HISTORY AND POLITICS 



Again young Flagg looked to the westward from whence 
came reports of land surveys and sales, speculation, the 
founding of towns, and mineral riches. Describing the 
stimulation from these rumors, he wrote to his mother in 
Vermont in February of 1818: "the Missouri & Illinois 
feever Eages greatly in Ohio, Kentucky, & Tennessee and 
carries off thousand [s]. When I got to Ohio my Ohio fee- 
ver began to turn but I soon caught the Missouri feever 
which is very catchin and carried me off. ' 1 

In the summer of 1817 Flagg travelled the seventy-five 
miles from Springfield to Cincinnati. The Queen of the 
West was then a growing city of over 7000. Observing 
that the government land upon the Wabash was taken up 
and that the other Indiana lands were still held by the tribes 
of Indians, he decided to go on to St. Louis. In partnership 
with another young Vermonter he next purchased a flat- 
boat which they covered and stocked with provisions. 
Leaving the bustling city of Cincinnati on October 19, 1817, 
the boat floated down the Ohio Eiver, past the Falls of the 
Ohio and the mouth of the Wabash, and reached Cairo — a 
distance of 645 miles from Cincinnati by water. Placing 
the chests and trunks on a keel-boat bound for St. Louis the 
two men covered the remaining distance of 174 miles on 
foot and reached that city on November 19, 1817. 

St. Louis, this young pioneer found, was a place of thriv- 
ing business activity. Brick and frame houses were being 
constructed; printing offices, banks, and a steam sawmill 
were in operation ; corn, wheat, potatoes, beef, lumber, and 
brick were selling at high prices ; labor was $20 per month; 
board was $3.50 to $6.00 per week and town lots were selling 
from $500 to $3000 each. 

Twenty-six miles east of St. Louis Flagg located 264 
acres of land near what is now Edwardsville in the county 
of Madison, Illinois. Eeturning to the flourishing land 



HISTORY MADE BY PLAIN MEN 



317 



market at St. Louis, he was unable to secure employment as 
a government land surveyor. In the previous winter 
(1816-1817) eighty surveying companies had monopolized 
this business and had surveyed several millions of acres. 
Furthermore, Flagg complained that the " Surveyor Gen- 
eral has three or four Brothers with 15 or 20 other con- 
nection all surveyors." 

Here upon his land this young farmer labored and pros- 
pered. Speculation and hard times came on but the thrifty 
pioneer lived upon i i my earnings and not upon my credit or 
speculation ' \ The oppressive heat of the summer of 1820 
he describes in a non-terrestrial term ; but in that season he 
plowed or broke more than 120 acres of new prairie with 
four yoke of oxen and with a man to drive them. Forty 
acres were fenced in and a log house was built. "We have 
pretty tight times here, ' 9 he wrote the next year. ' 1 Most of 
the People are in debt for Land and many otherwise more 
than they can posably pay." His market report for that 
year is as follows: corn, 12% cents per bushel; wheat, 50 
cents; flour, $3.00 to $3.50 per barrel; pork, $2.50 to $3.00 
per barrel ; and whiskey, $.25 per gallon. 

Political and religious conditions were noted by this pio- 
neer. In 1824 he believed that the majority of the people in 
Illinois favored John Quincy Adams for President with 
Clay as a second choice. The next year he states that 6 ■ our 
political squables and quarrels have subsided ' ' and that the 
slavery question in Illinois had been settled forever. Ee- 
ferring in 1836 to the eastern solicitude for the spiritual 
welfare of the people in the Mississippi Valley when Bible 
societies and missionary enterprises were being projected, 
he wrote in a tone of some impatience : "I do not see but 
the cause fl[o]urishes as well here as in other places the 
people here contribute freely for the support of Preachers 
both in money and good living which is the main thing. ' ' 



318 IOWA JOURNAL OF HISTORY AND POLITICS 



Possessing a clear title to 270 acres of land in 1821, 
Flagg continued to prosper. Four years later he speaks 
of his flourishing orchards of peach, cherry, and pear, be- 
sides several log buildings. In addition he possessed four 
yoke of oxen, three good ploughs, two wooden carts, sleds, 
a grindstone, two axes, shovels, hoes, etc. In June of 1825 
he had purchased 1500 acres of valuable land for the unpaid 
taxes which amounted to $103.00. 

Confiding his financial rating, he wrote to his brother in 
1821 : "I owe $56 dollars and have due to me $110 from good 
men and have $34 in cash on hand. I have twelve shirts six 
pair Pantaloons 6 vests ten cravats & handkerchiefs two 
round abouts 4 pair stocking two pair shoes one Coat in 
Short I suppose my whole property to be worth about $1500 
in cash and now I suppose I have been particular enough 
on that subject at any rate I do not wish any one to see this 
letter except yourself.' ' 

For forty years, until his death in 1857, this man was a 
resident of Illinois, and, as in the case of thousands of 
other pioneers his neighborhood became a reservoir into 
which population from the east filtered. Of his eight 
younger brothers and sisters five followed him to Illinois — 
four settling in Madison County. His sister's family like- 
wise removed to Illinois shortly after her death, and as late 
as 1850 one of his nephews from the East moved to Paw 
Paw, Illinois. ' 'The descendants of these brothers and 
sisters", says Dr. Buck, 1 ' are now scattered all over the 
United States from Vermont to California and thus the 
history of this family typifies in a way the spread of the 
American people across the continent. " 12 

In this spread of population over the continent the plain, 
aggressive Americans coming singly, in pairs, in families 

i 2 Quotation from Buck's introduction to the Pioneer Letters of Gershom 
Flagg. 



HISTORY MADE BY PLAIN M E N 



319 



and in colonies were the type which transplanted schools, 
churches, and town-meetings. As late as 1880 there were 
12,588 citizens in Michigan who were natives of Vermont. 
The migratory spirit of these easterners had many years 
before passed into verse : 

Come, all ye Yankee farmers who wish to change your lot, 
Who 've spunk enough to travel beyond your native spot, 
And leave behind the village where Pa and Ma do stay, 
Come follow me, and settle in Michigania, — 
Yea, yea, yea, in Michigania. 13 

When the first public land sales began in this State at 
Burlington on November 19, 1838, land-hungry settlers 
from nearly every State in the Union were there. The 
Massachusetts Yankee was present to seize any bargain; 
the Kentuckian with his soft southern accent mingled with 
his brethren from South Carolina, Virginia, Maryland, and 
Tennessee; large numbers were gathered from Illinois, 
Ohio and Indiana ; the Hadleys were registered from South 
Carolina; and besides there was present a considerable 
group of settlers who had but lately come from the District 
of Columbia. 14 

In the staid records of these land sales as preserved in 
Washington, D. C. appear descriptions of the tracts sold, 
the prices, the date, and the amount of sale. In the thou- 
sands of names there recorded one can find but very few 
names of men whose constituency of acquaintances or repu- 
tation was wider than the neighborhood or county from 
whence they had come. These were plain, uncelebrated men 
making history that was fundamental in State-building. 
Though the bidding in of a tract of 160 acres and its later 
settlement would seem to be acts divorced from any glamor 

13 Quoted from Farmer 's History of Detroit and Michigan in Mathews 's 
The Expansion of New England, p. 227. 

14 Pelzer's Augustus Caesar Bodge, pp. 55-61. 



320 IOWA JOURNAL OF HISTORY AND POLITICS 



and romance they were of the highest importance in the life 
of the settler. 15 To him they meant a livelihood, property, 
security, and a Christian home. 

It was estimated that for the public sales at Burlington 
between November, 1838, and June, 1840, ninety per cent 
of the lands sold fell into the hands of actual settlers. It is 
perhaps true that nowhere in the history of settlement and 
immigration can there be found a more democratic and a 
sounder economic condition — a condition for which these 
plain settlers were the basis. 

It is the common, average man who has furnished mass 
or collectivity. However great may have been the influence 
of a dominating personality there are whole fields of history 
where such influence is but slightly possible ; as for example 
in customs, language, mythology, and sometimes in law and 
industry. Those designated as leaders must have an under- 
standing of the will, the feelings, and the vague ideas of the 
social body of common people. In this wise strong person- 
alities can push forward policies or creeds to a fuller clear- 
ness and a wider acceptance. 16 

Says Hegel in describing what he calls the "World- 
Historical Individuals'': "Such individuals had no con- 
sciousness of the general Idea they were unfolding, while 
prosecuting those aims of theirs ; on the contrary, they were 
practical, political men. But at the same time they were 
thinking men, who had an insight into the requirements of 
the time — what was ripe for development." 11 

This is but another way of saying that laws — moral and 

is Cf. preface to Treat's The National Land System 1785-1820. 

16 Cf. Dow's Features of the New History: Apropos of LamprechVs 
"Deutsche Geschichte ,y in the American Historical Review, Vol. Ill, pp. 431- 
448, (435). 

17 Hegel's Lectures on the Philosophy of History (Translated by J. Sibree, 
1894), pp. 30, 31. 



HISTORY MADE BY PLAIN MKN 



321 



statutory — to be successful must have a measure of accept- 
ance or approval from those units which make up the 
masses of the common people. As the Mississippi could not 
be, were it not for its tributaries, so Andrew Jackson's 
career would have been impossible but for the prejudices, 
ideals, and strength which arose from that stratum of soci- 
ety known as Western Democracy. 

It has been stated that the essential factor in the building 
up of the British Empire has been the colonist rather than 
the colonel, the settler rather than the sergeant; the men 
who have wielded the spade and trowel rather than the 
sword and spear. 18 So in the colonization of America it was 
by plain men from England, Holland, and France that ideals 
were transplanted and a new nation founded. And, it was 
by the hunters, fur-traders, tree-fellers, farmers, and 
miners who swarmed across the Mississippi Eiver that the 
Louisiana territory was won for the United States rather 
than by the diplomats in Washington and Europe. It was 
by the unsuspected but irresistible powers of these plain 
folk that the Americanization of the Mississippi Valley was 
accomplished. 19 

The Middle West is preeminently the product of the 
plain people. ' ' All through American history democracy 

is Pollard's Factors in Modern History, p. 239. 

"Yet, with few exceptions, the writers of history, until a comparatively 
recent period, have written chiefly of wars and words, of soldiers and poli- 
ticians, and have neglected the matters of more real moment to the seriously 
interested student of man — matters pertaining to his origin and development, 
to his daily life and pursuits, his migrations and colonies, his taboos, cere- 
monies, social culture, and religions. Hanna 'a The Wilderness Trail Vol I 
p. XIII. ' ' ' 

!9Cf. Eoosevelt's The Winning of the West (Standard Library Edition), 
Vol. TV, pp. 276, 281. 

The history of the occupation of the West is the story of a great pilgrim- 
age. It is the record of a people always outstripping its leaders in wisdom, in 
energy and in foresight. A slave of politics, the American citizen has none the 
less always proved himself greater than politics or politicians. Hough 's 
The Way to the West (Bobbs-Merrill Edition, 1903), p. 2. 

VOL. XI— 21 



322 IOWA JOURNAL OF HISTORY AND POLITICS 



has been like a trade-wind, blowing over from the sunset. 
The young States of the Ohio Valley led in multiplying the 
number of elective offices, in introducing rapid rotation in 
office, in submitting State constitutions to popular ratifica- 
tion. Class bulwarks of colonial date were thus pounded to 
pieces by the surf of democratic sentiment from the West. 
Jeffersonian and Jacksonian Democracy, Lincoln Repub- 
licanism, Grangerism, Populism, Bryan Democracy, Roose- 
velt Republicanism — wave after wave has rolled seaward, 
loosing the East from its Old-World or ' first-family ' or 
' best-people' moorings. Some of these impulses were 
wrong-headed and died away, others prevailed, and the sum 
of these successful Western initiatives is what we offer to 
the world as the American political system." 20 

A study and appreciation of the contributions made by 
Plain Men is a distinct phase of the newer history. It is a 
study of history from its understructure and foundations to 
its capitals and colonnades. 1 ' The real life of the American 
nation spreads throughout forty-eight commonwealths. It 
is lived in the very commonplaces of the shop, the factory, 
the store, the office, in the mine, and on the farm. Through 
the commonwealths the life and spirit of the nation are best 
expressed. And every local community, however humble, 
participates in the formation and expression of that life and 
spirit." 21 And that is the history made by Plain Men. 

Louis Pelzer 

The State University of Iowa 
Iowa City 

20 Quoted from Ross's The Middle West in The Century Magazine, Vol. 
LXXXIII, No. 5, pp. 686-692. 

21 Quoted from Shambaugh's The West and the Pioneers in the Wisconsin 
State Historical Society Proceedings, 1910, pp. 133-145. 



/ 



EPISODES IN THE EARLY HISTORY OF THE 
WESTERN IOWA COUNTRY 

[The writer of this article consulted and weighed the testimony of prede- 
cessors in the field : he investigated practically all available sources which deal 
with the history of western Iowa, sifted a vast number of conflicting and con- 
fusing statements, and with the aid of source materials heretofore unused ar- 
rived at what he believes is a substantially accurate glimpse of episodes which 
occurred in that region before permanent white settlements began in the year 
1846, not considering for the moment settlements made in 1840 in what are now 
the southern townships of Fremont County, a strip of territory over which the 
State of Missouri held disputed sway until a decree of the Supreme Court of 
the United States decided in favor of Iowa 's claim to jurisdiction. 

During the progress of his researches the writer discovered that local his- 
torians, though deserving of much credit, are generally not to be relied upon 
in the matter of dates and are oftentimes untrustworthy in other respects. 
He has, therefore, whenever possible, resorted to chronicles or records con- 
temporaneous with the events themselves because these unquestionably possess 
greater historical merit than reminiscences and unsupported statements of 
individuals. — Editor.] 

Historical writings which deal with the Mississippi 
River settlements of Iowa are fairly numerous and ex- 
tensive; while those relating to the Missouri River region 
are both few and inaccurate. Indeed, it may be asserted 
that scarcely more than fragments of history have been 
preserved in the local accounts of western Iowa. And yet 
a striking pageant could be arranged to represent in order 
of time the series of romantic incidents which preceded the 
inrush of pioneers into the western Iowa country. What 
happened upon Iowa's western border before the wave of 
emigration and occupation reached it from the East ? The 
story can be gathered from many scattered sources. And 
so, "to recover as far as possible those obscure beginnings 
in the founding of a great empire which the historian has 
neglected for the more alluring themes connected with the 

323 



v 



324 IOWA JOURNAL OF HISTORY AND POLITICS 

building of the superstructure" 1 is a task both interesting 
and instructive. 

For hundreds of years before Mormon refugees found- 
ed a community upon the Missouri River bank of Iowa, 
the country offered its exceptional opportunities to the 
aboriginal inhabitants. Who these Indians were before the 
end of the seventeenth century cannot be ascertained. Even 
after that it is a fact worthy of note that the Red Men 
preferred to dwell upon the Nebraska side of the river — 
there they set up their tribal villages and there mission- 
aries, fur-traders, and government agents settled or visited 
among them after the year 1800. Nevertheless, the Iowa 
side of the Missouri River was not wholly unpeopled, as 
numerous early records bear witness. 

In the spring of the year 1676 a Jesuit priest, Louis 
Andre, wrote a letter in which he referred to some Indians 
called "aiaoua": they were said to dwell 200 leagues west 
of Lake Michigan in a village "very large but poor; for 
their greatest wealth consists of ox-hides and of Red Calu- 
mets." This is probably the earliest mention of the Ioway 
Indians, and indicates that they dwelt somewhere near the 
famous pipestone quarry in southwestern Minnesota. 2 

Early in July, 1700, on his expedition up the Mississippi 
River, the Frenchman Le Sueur received word that the 
Sioux and the "Ayavois" had defeated their enemies. 
Turning westward by way of the St. Peter's River, he later 
canoed into the Blue Earth River (southern Minnesota) and 
learned that the Ayavois and Otoctatas lived beyond. Two 
Canadians were then despatched to invite them to build a 
village near Le Sueur's Fort L'huillier, but they returned 
without having found the way to these tribes. 3 

i Chittenden's The History of the American Fur Trade of the Far West, 
Vol. I, p. 82. 

2Thwaites' Jesuit Relations, Vol. LX, pp. 203, 321; and Miner's The Iowa 
Indians, pp. 10, 11, 12, 13. 

3 Shea's Early Voyages Up and Down the Mississippi, pp. 92, 104, 105. 



EARLY HISTORY OF WESTERN IOWA 



325 



One of the most interesting records of western Iowa's 
hazy past is a map of the northwestern part of Louisiana 
compiled in 1703 by William de L'Isle, the most noted 
French cartographer of his day. This chart with its French 
nomenclature indicates a trader's trail, "Chemin des Voy- 
ageurs", commencing at the Mississippi River a few miles 
below the mouth of the Wisconsin River and running west- 
ward across northern Iowa to the vicinity of Spirit Lake. 
There, near one of the many lakes, was a "village des 
Aiaouez"; thence the trail continued due westward to the 
Big Sioux River, on either side of which were two more 
Ioway villages, probably near the site of the present city of 
Sioux Falls, South Dakota. To the south, below the mouth 
of the Little Sioux River three Teton Sioux villages are 
shown, and opposite the mouth of the Platte River were 
four Yankton Sioux villages. Near the southwestern corner 
of the present State of Iowa, "Les Octotata" (the Otoes) 
were located, and south of them three villages of "Yo- 
ways ' '. 4 

On the best authority of that early day, therefore, it 
would seem that French traders came into relations with 
the Indian inhabitants of western Iowa about the beginning 
of the eighteenth century. But Frenchmen seem to have 
aimed primarily at the establishment of trade with the 
various Sioux tribes of the region now comprised in South 
Dakota and southern Minnesota, for the Indians there were 
much more numerous than in western Iowa, which was 
really little more than the hunting-ground of several tribes. 
In the year 1737 the French ceased their operations among 

* Miner's The Iowa Indians, pp. 22, 23, 24. For a small sketch of the map 
see The Monthly South DaTcotan, Vol. Ill, opposite p. 285. 

An enumeration of the savage tribes of New France in 1736 placed the 
"Ayowois" south of the Missouri River, but the Minnesota River was probably 
meant. The enumerator did not attempt to locate other tribes on the Missouri. 
— Documents Relating to the Colonial History of the State of New York, Vol. 
IX, pp. 1055, 1057. 



326 IOWA JOURNAL OF HISTORY AND POLITICS 



the Sioux because the Sacs and Foxes from the Wisconsin 
country had settled among the Ioways west of the Missis- 
sippi River and had constantly harassed fur-traders and 
even killed stray French voyageurs. From this vast region 
in 1757 the French could report no fort or trading-post, but 
only an exchange of hundreds of packages of peltries every 
year by Sioux, Sacs, Foxes, and Ioways. 5 On the lower 
Missouri River, French traders had maintained a post as 
early as 1722, but they had been foiled in their exploitation 
here also. In 1757, on the site of Fort Leavenworth, they 
had a garrison — thither came the Missouri and the Kansas 
Indians with packages of deer and bear skins, and from a 
point fifty leagues above came ' ' the Otoks and the Ayoues ; 
two hundred men furnish eighty packages, of beaver." 6 

These few hundreds of Ioway Indians seem to have had 
the nomadic instinct to a marked degree, as the foregoing 
accounts indicate. They moved their villages from one 
locality to another and they journeyed annually to the 
French markets for the Indian trade : southward down the 
Missouri or eastward to the Mississippi and even beyond. 
There is extant a letter which shows the strong grip which 
the French had on their native subjects of northern Louisi- 
ana, when England was waging war for the capture of 
Canada from France. On the 20th of July, 1757, Vaudreuil 
wrote to the French minister as follows : 

Monseigneur — Previous to my arrival in this colony, the 
Ayoouois killed two Frenchmen in the Missouri country. I at once 
hastened to give my orders to the commandants of the posts whither 
that nation might come, that the first officer to whose post they 
came was to compel them themselves to bring me the murderers. 

The commandant of La Baye [Green Bay] had occasion to see 
those Ayoouois. He spoke to them in my name with such firmness 
that 10 savages of the same nation came to Montreal expressly to 

s Wisconsin Historical Collections, Vol. XVII, p. xv. 
6 Wisconsin Historical Collections, Vol. XVIII, p. 178. 



EARLY HISTORY OF WESTERN IOWA 



827 



deliver the murderers to me. They presented them to me in the 
name of their nation with great submission and resignation that I 
might have their heads broken if such was my intention. They 
nevertheless earnestly begged me to pardon them and assured me 
that they themselves would avenge the death of the two Frenchmen 
and would compensate me for their loss by the blows they would 
strike against the English. 

All our nations of the upper countries and our domiciled savages 
who were in this town, to the number of from 1,700 to 1,800, joined 
those Ayoouois and gave me the most touching words to induce me 
to pardon them. I did not deem it advisable to refuse them because 
all those nations were about to start to join my expedition against 
fort George and circumstances required that I should give proofs 
of kindness to all those nations. 

Nevertheless, I made them very anxious to obtain that favor and 
granted it only after repeated solicitations. 

That favor will contribute more to restrain the savage nations 
than if I had had the two murderers ' heads broken, because all the 
nations that interested themselves in their fate are, at the same time, 
obliged to punish them if they dip their hands in French blood in 
future. 7 

As is well known, England captured Canada and France 
ceded the province of Louisiana to Spain. But the latter 
step did not prevent British aggression in the Upper Mis- 
sissippi River country. Lieutenant James Gorrell of Green 
Bay was engaged during the whole summer of 1762 "in 
treating with the tribesmen, ranging from the Menominee 

7 In June, 1757, General Montcalm wrote that 800 tribesmen had arrived at 
Montreal, believing that the French cause was likely to triumph over the 
English, among them the Ioways: "the latter have never appeared before at 
Montreal". To quote further from his letter: "There occurred here, yester- 
day, the grand ceremony of pardoning two Iowas who had killed two French- 
men, two years ago. They smoked the peace calumet; the murderers were 
brought out, bound, with the emblem of a slave [prisoner] in their hands, 
singing their death song as if they were to be burned. Saint-Luc and Marin 
fulfilled the functions of the chevalier de Dreux and Monsieur Desgranges. 
These savages, so the ladies say, dance much better than our domiciled ones, 
and one of these days they are to be reviewed on the plain du Sablon. The 
generals and the ladies will be present. ' ' — Wisconsin Historical Collections, 
Vol. XVIII, pp. 195-197. 



328 IOWA JOURNAL OF HISTORY AND POLITICS 

i 

in the neighborhood of the fort, to the Iowa and Sioux in 
the farther West." 8 Thus began the British regime. 
Englishmen from Canada got control of the Indian trade in 
at least the northern part of the trans-Mississippi region : 
English presents at the proper time won the good will and 
patronage of the natives, including the Ioways, no doubt. 
Spanish reports for the years 1769 and 1777 show that the 
"Ayooua" or "Hayuas" then dwelt upon the Des Moines 
Eiver in what is to-day the northwestern corner of Van 
Buren County. 9 These Indians and their Sac and Fox 
friends probably hunted all over western Iowa, while bands 
of Sioux descended from the north and Otoes and Omahas 
crossed the Missouri from the west. 

English traders, however, acquired no exclusive monop- 
oly, for after Pierre Laclede and Auguste and Pierre Chou- 
teau founded St. Louis in 1763 as a trading-post for the 
Missouri Eiver country many Indian tribes were lured 
southward to trade. Thus in May and June of the year 
1769, according to a Spanish account, "they descend the 
rivers in numerous parties with their traders to declare 
their furs . . . . ; and when they depart one has to make 
them .... a present". 10 Englishmen carried on a 
brisk traffic upon the Des Moines River and penetrated as 
far westward as the Missouri, no mean contenders with the 
Spanish licensees for the wealth in furs. 11 Spanish gov- 
ernors of Louisiana constantly declared that they could not 
cope with British aggression in the northern part of their 
unpeopled possessions. 

In December, 1780, Francisco Cruzat, Governor of Span- 
ish Illinois, complained: "Such are the movements which 
the English show in this barbarous and inhuman war, in 

8 Wisconsin Historical Collections, Vol. XVIII, p. 249. 

9 Wisconsin Historical Collections, Vol. XVIII, pp. 300, 363. 

10 Wisconsin Historical Collections, Vol. XVIII, p. 305. 

n Houck's The Spanish Begime in Missouri, Vol. I, p. 166. 



EARLY HISTORY OF WESTERN IOWA 



329 



order that they might succeed in their attempts, that even 
in the Misury they had introduced two of their banners, 
which I have had surrendered to me by telling the tribes 
who had received them, that in order to be our allies they 
ought not to have in their villages other ensigns than the 
Spanish. ' ' The same Governor also remarked that ' ' a band 
of Aioas, doubtless excited by the enemy, has corrupted the 
Hotos [Otoes, dwelling near the mouth of the Platte River] 
tribe which is located on the upper Misury and has prom- 
ised them to join the other tribes opposed to us in order to 
show as great hostility as possible toward us. ... I 
know by experience that the appearance of gain does not 
excite them to take action, but the reality of presents does. 
Since the English make so many of these to all the tribes 
of whom they wish to make use, they always obtain from 
them whatever they desire". 

Without troops stationed upon the St. Peters and the Des 
Moines rivers, a Spanish Governor asserted in 1794, St. 
Louis merchants could not win the immense fur-trade with 
the nations of the Missouri from the English "who usurp 
that trade and daily introduce themselves in greater num- 
ber upon said river and among the nations living near it." 
Thus it happened that nothing could be done to cause the 
dominion of Spain to be respected in Upper Louisiana. 12 

In the year 1800 Spain retransferred the province to 
France and three years later Napoleon in despair sold it to 
the youthful government of the United States. During this 
brief period an Englishman named Thomas G. Anderson 
wintered among the Ioway Indians fifty miles up the Des 
Moines River as the agent of a Green Bay trader. His 
competitor at the same point was a Frenchman by the name 
of Julien. The Ioways, "a vile set", then hunted near the 

12 Wisconsin Historical Collections, Vol. XVIII, pp. 412, 414, 449, 452 ; and 
Kobertson's Louisiana under Spain, France, and the United States, Vol. I, pp. 
335-337. 



330 IOWA JOURNAL OF HISTORY AND POLITICS 



Missouri. To avoid the expense of shipping goods up the 
river to the vicinity of their hunting grounds, the traders 
agreed that both would wait for the Indians to bring their 
furs to the shops on the Des Moines. Not long afterward 
the Englishman discovered that he had been deceived by the 
Frenchman, and after roundly abusing him, Anderson pre- 
vailed upon the men of his trading post to journey across 
country to Julien's house near the Missouri and "started 
the next day with seven loaded men, taking provisions for 
one day only, depending on game for our supply." To 
quote from Anderson's narrative: 13 

The little islands of wood, scattered over the boundless plains, 
were swarming with wild turkeys, so that we had plenty of poultry. 
At the end of six days we reached our destination safe and sound, 
taking Mr. Julien's two engages by surprise. My party soon fitted 
up a temporary shop. Not long after, the Indians came in, made a 
splendid season's trade, managed for the transportation of my 
packs of fur by leaving a man to help Mr. Julien's two engages 
down with their boat. Thus I completed my winter, and Mr. Julien 
found his trickery more costly than he anticipated. 

Beginning with the year 1803 the United States govern- 
ment seriously turned its attention to the West by fitting 
out an expedition under Lewis and Clark to explore the new 
trans-Mississippi purchase. Starting from St. Louis in 
that memorable year in two pirogues and a keel-boat fifty- 
five feet long, equipped with large square sail and twenty- 
two oars, the party of forty-five men slowly journeyed 

13 Wisconsin Historical Collections, Vol. IX, pp. 151, 152. The late Dr. 
Draper and Eev. William Salter believed the Frenchman mentioned here was 
Julien Dubuque. It is doubtful whether Dubuque attempted to cover the whole 
Iowa country when he had all the work he could do in operating the lead mines 
near the Mississippi. There is enough evidence to prove the existence of a 
trader by the name of Julien. In an attack on Fort Madison in September, 
1812, the Winnebago Indians plundered and burnt the houses of a "Mr. 
Julian", the same man who later sold in Illinois "all his improvements, con- 
sisting of an old dilapidated trading house" and land which he falsely repre- 
sented was a Spanish land grant, made to him before 1805. — Annals of Iowa, 
Vol. V, p. 885; and Annals of Iowa (Third Series), Vol. Ill, p. 105. 



EARLY HISTORY OF WESTERN JOWA 



northwestward up the muddy Missouri. At one place they 
met five pirogues loaded with furs and peltries from the 
Sioux country, stopped the little trading fleet, and engaged 
an old Frenchman Dorion to act as Indian interpreter. 14 

What is now western Iowa came under the observation of 
the exploring party from July 18 to August 21, 1804, and of 
the twenty-one camping places selected during that time, 
eleven were upon the Iowa shore. On the 22nd of July they 
pitched camp at a point somewhere near the present boun- 
dary between Mills and Pottawattamie counties. Here the 
leaders intended to send for the neighboring tribes to tell 
them of the recent change of government and the wish of 
the United States to cultivate their friendship. Here upon 
Iowa soil Lewis and Clark remained for five days: pro- 
visions were dried, new oars made, and despatches and 
maps prepared for the President. The men also hunted 
and fished, crossed the river to search for the Otoes and the 
Pawnees, and returned without success. 15 

On July 28, 1804, the party disembarked just north of 
the mouth of Indian Creek (now called Pigeon Creek) some 
eight or ten miles north of the present city of Council 
Bluffs, at ' ' the spot where the Ayauway Indians formerly 
lived' ' before emigrating to the Des Moines River. 16 A few 
days later Lewis and Clark held a council with the Otoes on 
the west side of the Missouri and called the place Council- 
bluff, 17 a name which fifty years later became the property 
of the first town in western Iowa, Council Bluffs. 

1 4 Wheeler J s The Trail of Lewis and Clark, Vol. I, p. 148. 

15 Coues' The History of the Lewis and Clark 'Expedition, Vol. I, pp. 52, 53. 

is Coues' Lewis and Clark Expedition, Vol. I, p. 61. The site of this Ioway 
village is also mentioned in Thwaites' Early Western Travels, Vol. XIV, p. 221, 
footnote. 

!7 This place later became the site of Fort Calhoun, Washington County, 
Nebraska. Many writers on western Iowa cannot get away from the idea that 
Lewis and Clark met the Indians in council in Pottawattamie County, Iowa. 
Such an error has been perpetuated by D. C. Bloomer in Annals of Iowa, Vol. 
IX, p. 525, and by the authors of the History of Pottawattamie County, Iowa, 
Vol. I, p. 5. See Coues' Lewis and Clark Expedition, Vol. I, pp. 66, 67. 



332 IOWA JOURNAL OF HISTORY AND POLITICS 



Lewis and Clark reported that the tribes west of the Mis- 
souri Eiver traded with the merchants of St. Louis, and 
were on friendly terms with the Indians east of the river : 
the "Ayouwais" and the "Saukees and Foxes", all of 
whom laid claim to the western Iowa country. The former 
were said to be "a turbulent savage race, frequently abuse 
their traders, and commit depredations on those ascending 
and descending the Missouri; their trade can't be expected 
to increase much. ' ' They were reported to have one village 
of probably 800 souls including 200 warriors, "forty leagues 
up the river Demoin, on the Southeast side"; they traded 
with "Mr. Crawford, and other merchants from Michili- 
mackinac" at their village and hunting camps, and supplied 
deer skins principally, also skins of black bear, beaver, 
otter, grey fox, raccoon, muskrat, and mink. It was as- 
serted that ' ' with encouragement they might be induced to 
furnish elk and deer's tallow and bear's oil." 18 

Lewis and Clark also ordered their men to pitch camp 
just below Soldier's River (Harrison County), and a few 
miles above the Little Sioux River (Monona County). Here 
the interpreter told all he knew about the river's sources, 
also of the Des Moines River. On the 8th, 9th, 10th and 
11th of August the party again tarried in what later became 
Monona County. Then, at noon on August 20th the party 
put to shore just below the site of Sioux City: "Here we 
had the misfortune to lose one of our sergeants, Charles 
Floyd. Died of bilious colic. Buried on top of bluff with 
the honors due to a brave soldier ; the place of his interment 
was marked by a cedar post, on which his name and the day 
of his death were inscribed. We called this place Floyd, 
also a small river about 30 yards wide. Here we 
camped." 19 

is American State Papers, Indian Affairs, Vol. I, pp. 707-710. 

19 Coues' Lewis and ClarJc Expedition, Vol. I, pp. 68, 70, 71, 73, 74, 79, 80. 



EARLY HISTORY OP WESTERN IOWA 



333 



Dorion, the Sioux interpreter, was well acquainted with 
the Big Sioux River, which emptied into the Missouri River 
at this point, declaring it navigable upwards of 200 miles to 
the falls and beyond. He also told of the pipestone quarries 
of the Minnesota country. 

Leaving the remains of Charles Floyd, 4 'the first white 
man buried on the Louisiana Purchase beyond the confines 
of established settlements ' Lewis and Clark delved into an 
unknown wilderness westward. Returning two years later 
they visited Floyd's Bluff, ascended the hill, and found the 
grave had been disturbed and left half -covered : after filling, 
it up, they once more paddled their canoes southward. J ust 
above the mouth of the Little Sioux River they met Auguste 
Chouteau's trading-boat from St. Louis bound for the 
Yankton Sioux on the River James. 20 

For many years after the visit of Lewis and Clark west- 
ern Iowa lay almost untrodden by white men but not unseen 
by them, for when reports brought the fur-traders of St. 
Louis assurance "of the rich resources of the upper Mis- 
souri River, they made preparations to reap the golden 
harvest." 21 Manuel Lisa set out with a keel-boat laden 
with goods in the spring of 1807 and afterward this daring 
pioneer made annual trips up the river carrying goods for 
the Indians and supplies for the trappers. 22 

The first American firm to enter the fur-bearing field on 
the Upper Missouri was the Missouri Fur Company, organ- 
ized in 1809 with Manuel Lisa as its inspiring genius. In 
the spring of that year the corporation sent out a party of 
one hundred and fifty men. They established trading sta- 
tions far beyond the Iowa country, but owing to the hos- 
tility of the Indian tribes in that distant region, the voy- 

20 Iowa Historical Record, 1900-1902, pp. 362, 363, 398; and Thwaites' 
Original Journals of the Lewis and ClarJc Expedition, Vol. V, pp. 376, 378. 

21 Coman's Economic Beginnings of the Far West, Vol. I, p. 303. 

22 American State Papers, Indian Affairs, Vol. II, pp. 201-203. 



334 IOWA JOURNAL OF HISTORY AND POLITICS 



ageurs were forced southward, and after the year 1811 Fort 
Lisa near the old "Council-bluff " of Lewis and Clark be- 
came for a decade the most important trading-post on the 
Missouri. 23 

In the spring of 1811 unpeopled western Iowa witnessed 
the spectacle of two rival trading parties rowing their boats 
with all haste to the Indians beyond. Wilson P. Hunt, 
leader of the overland expedition sent out by John Jacob 
Astor, accompanied by the English scientist, John Brad- 
bury, was the first to depart from St. Louis with his Cana- 
dian boatmen. 24 Three weeks later Manuel Lisa, accom- 
panied by Henry M. Brackenridge, began his chase to over- 
take the Astor party, in a keel-boat manned by twenty-two 
oarsmen. Brackenridge and the party passed Floyd 's 
Bluff, "marked with a wooden cross, which may be seen by 
navigators at a considerable distance." The journalist 
wrote as if he visited the place, for he added : 

The grave occupies a beautiful rising ground, now covered with 
grass and wild flowers. The pretty little river, which bears his 
name, is neatly fringed with willow and shrubbery. Involuntary 
tribute was paid to the spot, by the feelings even of the most 
thoughtless, as we passed by. It is several years since he was buried 
here; no one has disturbed the cross which marks the grave; even 
the Indians who pass, venerate the place, and often leave a present 
or offering near it. Brave, adventurous youth ! thou art not for- 
gotten — for although thy bones are deposited far from thy native 
home, in the desert-waste ; yet the eternal silence of the plain shall 
mourn thee, and memory will dwell upon thy grave! 25 

After the War of 1812 began and British influence became 
supreme in the councils of Indian tribes on the Upper Mis- 
souri, St. Louis traders were forced to concentrate upon the 

23 American State Papers, Indian Affairs, Vol. II, p. 202; and Coman's Eco- 
nomic Beginnings of the Far West, Vol. I, p. 307. 

24 See Bradbury 's Travels in Thwaites ' Early Western Travels, Vol. V, pp. 
35, 37, 39. 

25 Thwaites ' Early Western Travels, Vol. VI, pp. 10, 27, 85. 



EARLY HISTORY OF WESTERN IOWA 



335 



west bank of the Missouri River opposite the Iowa country. 
Astor's enterprise failed in the Far West, and so often wen; 
traders ambushed and waylaid that Congress provided for 
the sending of a regiment under Colonel Henry Atkinson to 
establish military posts on the Upper Missouri. These 
troops arrived at the old ' ' Council-bluff 1 9 late in September, 
1819, and called their wintering-place "Camp Missouri". 2 " 
Colonel Atkinson was followed by Major Stephen H. 
Long and a number of scientists, in the first steamboat 
which ever ascended the Missouri, having journeyed all the 
way from Pittsburgh on the Ohio River. The "Western m 
Engineer' ' consumed three months in the voyage from St. 
Louis, passing the remains of an old Ioway village near the 
mouth of the Mosquito River, a few miles below the present 
city of Council Bluffs, and arrived at Fort Lisa welcomed 
by a salute from the establishment. Half a mile above this 
post and five miles below " Council-bluff 9 ' the party set up 
winter quarters and called the place Engineer Cantonment. 
In October they held a council with about one hundred 
Otoes, seventy Missouris, and fifty or sixty Ioways. Dr. 
Edwin James expressed high regard for the principal chief 
of the Ioways, but considered the nation a faithless people 
who cheated the Missouri Fur Company by conveying their 
beaver skins down the river to Fort Osage, a government 
post. The Ioways were then about to leave their Missouri 
River friends to return to their village on the Des Moines 
River. 27 

26Coman's Economic Beginnings, Vol. I, p. 342; and Thwaites' Early West- 
ern Travels, Vol. XIV, pp. 9, 10. After 1821 Camp Missouri was called Fort 
Atkinson, which was discontinued in 1827, being superseded by the construction 
of Fort Leavenworth in that year. 

27 See Dr. Edwin James' account of the expedition in Thwaites' Early West- 
ern Travels, Vol. XIV, pp. 221, 229, 236, 265, 269, 270. 

It seems that the Ioways were not immune to British influence during the 
War of 1812, for in September, 1815, the United States made a treaty with 
them reestablishing peace and friendship.— Kappler 's Indian Affairs, Vol. II, 
p. 85. 



336 IOWA JOURNAL OF HISTORY AND POLITICS 



On Sunday, the 2nd of July, 1820, five army officers, in- 
cluding Captain Stephen W. Kearny, fifteen soldiers, four 
servants, an Indian guide with his wife and papoose, and 
eight mules and seven horses were ferried from "Council- 
bluff " across the Missouri and the mouth of the Boyer, and 
landed upon Iowa soil. They were despatched as a govern- 
ment expedition to discover a practicable route for the 
passage of United States troops between Camp Missouri 
and Camp Cold Water (later called Fort St. Anthony and 
Fort Snelling) on the St. Peter's or Minnesota Eiver. 
After traveling northward about thirty miles they cele- 
brated the Fourth of July ' ' to the extent of our means ; an 
extra gill of whiskey was issued to each man, & we made our 
dinner on pork & biscuit & drank to the memory of our fore- 
fathers in a mint jump." Following the course of the 
Boyer and the Little Sioux rivers, then east and northeast 
to Lake Pepin, and then northwest the party arrived at the 
northern post where, Captain Kearny declared, the officers 
"were a little astonished at the sight of us, we having been 
the First Whites that ever crossed at such a distance from 
the Missouri to the Mississippi river.' 9 For various rea- 
sons Captain Kearny reported that the circuitous route was 
impracticable and almost impassable throughout the entire 
year for more than very small military forces, and hence 
troops seem never again to have traversed this particular 
region. 28 

In September, 1825, a general treaty of peace was entered 
into by the United States and all except one of the Indian 
tribes of the Iowa country. By reason of the absence of the 
Yankton Sioux from the negotiations the government 
agreed that the treaty should not go into effect unless they 

28 Kearny's Journal in Missouri Historical Society Collections, Vol. Ill, map 
opposite p. 16. The journal is reprinted in Annals of Iowa (Third Series), 
Vol. X, pp. 343-371, and see pp. 344, 356, 357. 



EARLY HISTORY OF WKSTKHN IOWA 337 



assented to the establishment of the boundary line between 
the upper fork of the Des Moines River and the mouth of 
the Rock River in what is to-day northwestern Iowa. Ac- 
cording to the treaty, the Sioux Indians were to remain 
north of the line to prevent clashes with the Sacs and Foxes, 
the Ioways, and the Otoes whose just claims to the western 
Iowa country were duly recognized. The Yanktons acceded 
to the terms, and in February, 1826, the treaty was pro- 
claimed as law among the native inhabitants of the Iowa 
land. 29 

On the 15th of July, 1830, there occurred at Prairie du 
Chien, Michigan Territory, an event of vital importance in 
the history of western Iowa. The government effected a 
treaty whereby several bands of Sioux, the Sacs and Foxes, 
the Ioways, the Omahas, the Otoes, and the Missouris ceded 
all their right and title to country situated south of the 
Rock River (now in Sioux County), east of the Big Sioux 
and the Missouri rivers, including also the northwestern 
corner of the present State of Missouri, and bounded on the 
east by the watershed between the Des Moines and the 
Missouri rivers. 

None of these Indian tribes seems to have had a perma- 
nent place of residence in western Iowa at this time, and so 
they were really parting with whatever hunting rights they 
may have claimed in the region. By one article of the treaty 
the President of the United States was empowered to as- 
sign and allot the land to tribes living thereon, or to such 
other tribes as he might locate thereon for hunting and 

29 Kappler's Indian A fairs, Vol. II, pp. 177, 178. 

The Yankton Sioux seem to have dwelt along the Missouri in the valleys of 
the James, the Vermilion, and the Big Sioux rivers, and hunted as far east as 
the headwaters of the Des Moines Eiver. At different times posts were main- 
tained for their convenience at the mouths of the rivers named above. The 
Yanktons were said to be the least troublesome of all the Sioux tribes and gave 
traders little annoyance.— Chittenden 's American Fur Trade of the Far West, 
Vol. Ill, p. 864. i 

VOL. XI — 22 



338 IOWA JOURNAL OF HISTORY AND POLITICS 



other purposes. Those primarily concerned in this pro- 
vision were the Ioways who then had a village on the Platte 
Eiver near the present Iowa-Missouri boundary line, and 
the Missouri Eiver Sacs and Foxes (as distinguished from 
the Mississippi Eiver Sacs and Foxes of eastern Iowa) 
who also dwelt in northwestern Missouri. The Sioux had 
permanent villages in the region now contained in the 
States of Minnesota and South Dakota; the Omahas and 
the Otoes lived upon the west bank of the Missouri; and a 
remnant of the once powerful tribe of Missouris had found 
refuge among the Otoes. 30 All these tribes, however, con- 
tinued for many years to hunt upon the lands which they 
had sold and to their pursuit of the chase in the western 
Iowa country may be ascribed the bleached remains of the 
larger game animals of the prairie which settlers chanced 
to come upon twenty, thirty, and forty years later. 

In 1822 the Astors of New York decided definitely to en- 
gage in competition with western merchants. They estab- 
lished a branch of the American Fur Company at St. Louis, 
and by trust methods soon obtained the lion's share of the 
Indian trade of the Missouri Valley. Year after year they 
shipped merchandise up the river in keel-boats, but so 
difficult, expensive, and dilatory was this means of trans- 
portation that the steamboat 6 ' Yellowstone' ' was built and 
sent upon her maiden voyage to the Upper Missouri in the 
spring of 1831. Thereafter the Company sent one or two 
cargoes each year as long as it continued in business. 31 

soKappler's Indian A fairs, Vol. II, p. 218. See also the names of the 
separate tribes in Handbook of American Indians published by the Bureau of 
American Ethnology. For other details see Senate Documents, 1st Session, 23d 
Congress, Vol. VIII, No. 512, pp. 78, 94. 

The extreme northwestern corner of the present State of Iowa, lying north 
of the Eock Eiver in Sioux and Lyon counties, was not ceded by the Sioux 
Indians until July 23, 1851. 

si Coman's Economic Beginnings, Vol. I, pp. 348, 350; and Chittenden's 
Early Steamboat Navigation on the Missouri Eiver, pp. 23, 133, 136, 137, 138. 



EARLY HISTORY OP WESTERN IOWA 



339 



One of the passengers on the ' ' Yellowstone' ' in 1832 was 
George Catlin, the famous Indian painter. Among the let- 
ters about his travels in the West can be found a reference 
to his visit to Floyd's Grave on "one of the most lovely 
and imposing mounds or bluffs on the Missouri River ' \ To 
quote further: 32 

I landed my canoe in front of this grass-covered mound, and all 
hands being fatigued, we encamped a couple of days at its base. 
I several times ascended it and sat upon his grave, overgrown with 
grass and the most delicate wild flowers, where I sat and contem- 
plated the solitude and stillness of this tenanted mound; and be- 
held from its top, the windings infinite of the Missouri, and its 
thousand hills and domes of green, vanishing into blue in distance. 

On the third trip of the " Yellowstone ' ' in 1833, Maxi- 
milian, Prince of Wied, accompanied the fur-traders in the 
interests of science. He, too, in his book of travels made 
mention of Floyd's grave: "A short stick marks the place 
where he is laid, and has often been renewed by travellers 
when the fires in the prairie have destroyed it." 33 

For scarcely four months emigrants had been crossing the 
Mississippi River in crude ferry-boats or disembarking 
from steamboats in order to reach the eastern Iowa coun- 
try, then called the "Black Hawk Purchase", when the 
United States disposed of the western Iowa country. On 
the 23rd of September, 1833, there was concluded at Chicago 
a treaty whereby the united nation of Chippewas, Ottawas, 
and Pottawattamies ceded all their lands in northern Illi- 
nois and southern Wisconsin (west of Lake Michigan) in 
exchange for not less than 5,000,000 acres of land situated 
between the Boyer Eiver on the north and the Nodaway 
River on the south, thus becoming entitled to occupy the 
southern part of the Indian cession of 1830. They agreed 
to depart for their new lands as soon as convenient, at gov- 

32 Catlin 'a North American Indians (Hazard's Edition), Vol. II, pp. 407, 408. 
33Thwaites' Early Western Travels, Vol. XXII, p. 278. 



340 IOWA JOURNAL OP HISTORY AND POLITICS 



ernment expense, after a deputation of fifty persons under 
the general direction of an officer of the United States had 
visited the reservation. They stipulated, however, that they 
might remain upon their lands north of the State of Illinois 
for three years without molestation or interference. 34 

The United States Senate refused to ratify and confirm 
the treaty unless the united nation agreed to terms which 
would entirely exclude them from what is now the north- 
western corner of Missouri and make the Little Sioux River 
to its source their northern boundary. To these demands 
the Indians meekly acceded in October, 1834. In the spring 
of 1835, an exploring party under Captain Gordon examined 
the country, then the western part of the Territory of Mich- 
igan and returned to Chicago a few days before an emi- 
grating party of Pottawattamies started westward. They 
were disappointed to hear that the new land was mostly 
prairie, that there was scarcely timber enough for wigwams, 
there were no sugar-trees, that some of the land was too 
poor for snakes to live upon, and that warlike tribes lived 
to the north. These reasons created a great deal of un- 
willingness among the emigrants, for the government 
agents had represented to them that the new reservation 
was even superior to the lands which they had ceded. Find- 
ing themselves deceived they set about to get permission to 
live upon the timber-land of the northern half of the Little 
Platte country (now northwestern Missouri), until they 
should become accustomed to life on the prairies. 

34Kappler's Indian A fairs, Vol. II, pp. 296, 297, 298. Besides money to be 
paid for the lands, sums were stipulated for the erection of mills, farm houses, 
Indian houses and blacksmith shops, agricultural improvements, agricultural 
implements and stock, and "for the support of such physicians, millers, 
farmers, blacksmiths and other mechanics, as the President of the United 
States shall think proper to appoint." Money was also to be expended for 
education and the encouragement of the domestic arts. 

See also Annual Report of the Bureau of American Ethnology, Vol. XVIII, 
Part II, charts of Iowa, Illinois, and Wisconsin. 



EARLY HISTORY OF WESTERN IOWA 341 



In the autumn of 1835 a considerable body of emigrating 
Indians started for their new home. By the month of 
November, 1837, a little over two thousand members of the 
united nation had removed west of the Mississippi River, 
but they had learned to entertain small respect for the 
government's treaty agents as their addresses to President 
Andrew Jackson and the following incidents show. 35 

What is now eastern Nebraska had for many years been 
the scene of frequent visits by white men with whom the 
Indian inhabitants had counseled and traded. Western 
Iowa just across the river had been scarcely more than a 
hunting-ground: whatever returns the chase may have 
yielded seem to have been bartered away elsewhere, for all 
this region, it seems, could boast no permanent trading- 
station, although Baptiste Roy, Soublette and Campbell, 
and the American Fur Company had been licensed to do 
business with the natives who hunted here. It is probable 
that skins and furs were brought to them at Bellevue, a 
point about ten miles south of the present city of Omaha. 
Here a Baptist missionary, Rev. Moses Merrill, had selected 
his field of labor among the Otoes in 1833 and later had set 
up a home and a school near the mouth of the Big Platte 
River. In his diary for the 28th of July, 1837, he wrote : 36 

35Kappler's Indian A fairs, Vol. II, pp. 306, 307; Senate Documents, 1st 
Session, 24th Congress, Vol. I, No. 1, pp. 274, 287; Vol. V, No. 348, pp. 2-7; 
2nd Session, 25th Congress, Vol. I, No. 65, p. 18. 

36Eev. Moses Merrill, known by the Otoes as ' « The-one-who-always-speaks- 
the-truth". He died among the Otoes in 1840. — Transactions and Beports of 
the Nebraska State Historical Society, Vol. IV, pp. 158, 184. 

Shortly after Mr. Merrill came to the Otoes, Messrs. Dunbar and Allis ar- 
rived among the Pawnee Loups, also a missionary to the Omahas named Samuel 
Curtiss, all of whom gained the lasting ill-will of the traders who exchanged 
whiskey for furs and peltries. Lieutenant Albert M. Lea visited Bellevue in 
1834. Mr. Merrill made several other interesting entries in his diary for 1835: 
"Doctor Whitman, a Presbyterian missionary, returned from the mountains. 
He had a prosperous journey"; and "General Hughes with sixty Ioway In- 
dians is at Bellevue for the purpose of making peace with the Omahaws." — 
Pages 175, 186. 

The exact date of the removal of these Indians to western Iowa seems to 



342 IOWA JOURNAL OF HISTORY AND POLITICS 



A steamboat arrived at Bellevue with 100 Putawatamie Indians, 
accompanied by Gen. Atkinson, Col. Karney, Indians, and Dr. E. 
James, sub-agent. These Indians, with many others of the same 
tribe, are to locate on the other side of the Missouri. 

It seems that in March, 1837, Congress had appropriated 
$132,000 for the removal and subsistence of the Pottawat- 
tamies and for locating a reservation for them. They had 
been mere tenants by sufferance and had squatted upon the 
Little Platte country contrary to treaty provisions. Con- 
stant encroachments by white settlers from the East had 
made it necessary for the government to effect some re- 
adjustment. The result was that the State of Missouri was 
authorized to extend her northern boundary westward to 
the Missouri Eiver. This measure met with opposition: 
Governor Henry Dodge of Wisconsin Territory (which in- 
cluded the Iowa country) wrote to George W. Jones, Terri- 
torial Delegate in Congress, that he had recently received a 
letter from the Indian agent at the Council Bluffs (Belle- 
vue), telling of Pottawattamie complaints about the State 
Commissioners of Missouri. Governor Dodge declared that 
the United States had placed the Indians in possession of 
the land and that any interference on the part of the State 
authorities was calculated to produce difficulties between 
the frontier inhabitants and the Pottawattamies. Never- 
theless, the latter were bodily removed northward, some 
being conveyed by steamer and the larger portion being 

have been difficult to ascertain. Eev. William Salter has ventured to give none; 
Mr. Abernethy in Annals of Iowa (Third Series), Vol. VII, p. 443, gives 1835 
as the year; Mr. Pickard in Vol. II, p. 184, places the removal lt between 1832 
and 1835"; a writer in Publication No. 11 of the Illinois State Historical 
Library, 1906, p. 70, declares: " About 1836 and 1837, under the supervision of 
the Government, the Indians were removed westward, and Mr. LeVasseur was 
the Government agent in charge"; and in Transactions and Eeports of the 
Nebraska State Historical Society, Vol. II, p. 150, it is stated that General 
Atchison removed the Pottawattamies previous to August, 1837. 

For a list of licensed Indian traders see House Executive Documents, 1st 
Session, 23rd Congress, Vol. I, No. 45. 



EARLY HISTORY OK WKNTKRN IOWA ? y \?> 



escorted across the country by a special force of cavalry.- 7 
Dr. Edwin James, who had been the surgeon and his- 
torian of Major Long's expedition in 1819-1820, became 
sub-agent of the Pottawattamie Indians by appointment on 
April 28, 1837, at a salary of $750. The temporary build- 
ings of the sub-agency were set up one mile east of the 
mouth of the Big Platte Eiver, "in a small walnut grove 
surrounded by a small bottom prairie, dry and fertile." 
Here a blacksmith shop for the making and repair of agri- 
cultural implements in the spring and of guns, traps, axes, 
knives, fire-steels, and so on the rest of the season, and a - 
dwelling-house were constructed, perhaps in the year 1837. 
Dr. James with his wife and son called upon the Merrills 
at Bellevue, their nearest white neighbors in this vast In- 
dian territory. When the Otoes of the Nebraska country 
murmured loudly because their principal support in Iowa 
game was cut off, and seriously debated crossing the river 
to make their abode among the Pottawattamies, Dr. J ames 
and Bev. Merrill dissuaded them from taking such a step 
because some of the newcomers were intemperate and 
quarrelsome. 38 

37 Annals of Iowa (Third Series), Vol. Ill, pp. 395, 396; and Iowa His- 
torical Record, 1885-1887, p. 268. See also House Executive Documents, 2nd 
Session, 25th Congress, Vol. II, No. 57, p. 22. 

This removal did not occur in the spring of 1838 as stated by D. C. Bloomer 
in Annals of Iowa, Vol. IX, p. 526, and Vol. II (Third Series), p. 549; and in 
History of Pottawattamie County, Vol. I, p. 6. The writers of these accounts 
disagree on many points and cannot be corroborated by the consultation of 
other sources. k 

The State Commissioners of Missouri fixed the boundary line about ten miles 
north of a line surveyed and marked by John C. Sullivan in 1816. The Indians 
must have felt that they were being cheated out of a big strip of country, for 
the old Sullivan line had been recognized for years as the correct one, and on 
that basis the Indians had bargained. The dispute started in 1837 was ended 
by a decree in favor of Iowa in 1849.— 7 Howard's Reports, 660, 674-677. 

ss Transactions and Reports of the Nebraska State Historical Society, Vol. 
IV, pp. 185, 186, 187, 188; Senate Documents, 1st Session, 26th Congress, Vol. 
I, No. 1, p. 503 ; 2nd Session, 26th Congress, Vol. I, No. 1, pp. 321, 322. 



344 IOWA JOURNAL OF HISTORY AND POLITICS 



Dr. James continued to reside at "the Council Bluffs 
sub-agency" until his resignation in 1838, and after that the 
Council Bluffs agent at Bellevue took charge for a while. 
David Hardin and his family arrived early in the spring of 
1838 on board the steamer ' 6 Antelope' 9 from Fort Leaven- 
worth. He had been appointed farmer to the Pottawat- 
tamies in September, 1836, at a salary of $600. It is said 
that he located near a big spring on what is now East 
Broadway, Council Bluffs. The Pottawattamies planted 
very little corn or anything else, "except here and there 
one, who happened to have a hoe or a plough. ' 9 One band, 
consisting of about one-third of the united nation, headed 
by Chief Big Foot, did not enter the Iowa country until the 
fall of 1838 and then retired eastward to set up a village on 
the Nishnabotna River almost fifty miles away. All the 
other villages were from two to fifteen miles distant from 
the agency buildings. 39 

Trader's Point, situated in the northwestern corner of 
the present Mills County and opposite the Council Bluffs 
agency at Bellevue, a well-known crossing-place on the Mis- 
souri, became the site of a few establishments licensed 
specially for trade with the Indians. Here, for instance, 
Pierre A. Sarpy, the American Fur Company's agent, kept 
a station. It came to be a "noted place of rendezvous, 
alike for Indians and traders." 40 

39 For items of information concerning Edwin James see House Executive 
Documents, 2nd Session, 25th Congress, Vol. VI, No. 135, p. 4; 3d Session, 
Vol. Ill, No. 103, p. 5; and Vol. IV, No. 174, pp. 53, 59, 61. Dr. James later 
became a resident of Burlington, Iowa. See his biography in Annals of Iowa 
(Third Series), Vol. VIII, pp. 161, 217. 

As to David Hardin see House Executive Documents, 2nd Session, 25th Con- 
gress, Vol. VI, No. 135, p. 17; and 3d Session, Vol. Ill, No. 103, p. 18. 

D. C. Bloomer is authority for the statement that Mr. Hardin settled in 
the present city of Council Bluffs. — Annals of Iowa, Vol. IX, p. 526. 

As to Chief Big Foot see Senate Documents, 3d Session, 25th Congress, Vol. 
I, No. 1, p. 504, and 2nd Session, 26th Congress, Vol. I, No. 1, p. 321. 

4 D. C. Bloomer in Annals of Iowa, Vol. IX, p. 526, is supported only 



KAHLY history of WKSTKUN IOWA 



345 



The city of Council Bluffs, so named in 1853, may lay 
claim to a tradition that as early as 1824 a French trader- 
called Hart built his cabin on the bluffs above what later 
came to be known as Mynster Spring, within the present 
city limits. How long Hart traded there cannot be ascer- 
tained, but he must have maintained his post for some 
years, for the locality was always known among employees 
of the American Fur Company as "les cotes a Hart" or 
" Hart's Bluff". Francois Guittar, a Frenchman in the 
employ of the Astors and years afterward a resident of 
Council Bluffs, recalled having encamped in the timber - 
there with his ' ' companions de voyage" in the year 1827. 41 

Scarcely had the united tribes numbering a little over 
2000 individuals set up their tepees in the bluff region of 
southwestern Iowa when their peace of mind was disturbed 
by fierce tribesmen from the north. Occasional hunting 
parties of Sioux from the Minnesota country pursued the 
chase southward and committed offences which threw the 
newcomers into considerable consternation, for they had 
not bargained on the hostility of others. To quiet their 
alarm and apprehensions Colonel Stephen Watts Kearny 
hastened from Fort Leavenworth in command of a body of 
dragoons, arriving on board the steamer 4 'Antelope". 

by Fulton's The Bed Men of Iowa, p. 170. Mr. Bloomer in Annals of Iowa 
(Third Series), Vol. II, pp. 480, 488, asserts that the Indian agency was 
established in 1838 at a place known as Trader's Point and later Kanesville. 
This is certainly incorrect and confusing because the latter place-name was 
supplanted by the name ' ' Council Bluffs ' ', a town which lay six or seven miles 
north of what was known as Trader 's Point. 

The name "Council-bluff" was first applied to a bluff on the Nebraska 
side of the Missouri Eiver, then to the Indian agency at Bellevue on the 
Nebraska side, then to the subagency at Trader's Point, and was perpetuated 
when the present city of Iowa was incorporated in 1853. — Proceedings and 
Collections of the Nebraska State Historical Society, Vol. XV, p. 8. 

41 D. C. Bloomer in Annals of Iowa, Vol. IX, p. 526, which information 
is repeated in History of Mills County, Iowa, p. 172. The name "les cotes a 
Hart" can be found in a log-book quoted on page 146 of Chittenden's Early 
Steamboat Navigation on the Missouri Eiver, Vol. I. 



346 IOWA JOURNAL OF HISTORY AND POLITICS 



They at once erected a block-house twenty-four feet square 
and set up barracks and tents on ground near by. This 
military stronghold, such as it was, came to be known as 
"Camp Kearney near Council Bluff s". 42 

This crude house of logs, however, was destined to play 
no great part in the military annals of the West, but rather 
to diffuse the arts of peace and the teachings of the Chris- 
tian religion, for it very soon became the scene of the first 
missionary enterprise of the Jesuits of St. Louis and espe- 
cially of a man who achieved distinction as "the greatest 
and most practical missionary who has ever labored among 
the Indian tribes of the United States." Starting the 
humble St. Joseph mission among the Pottawattamies and 
later penetrating to Indian tribes on the Upper Missouri 
and beyond to the Pacific, the St. Louis members of the 
Society of J esus led by Father Pierre Jean de Smet gained 
enduring fame for themselves and their Master. 43 

Father de Smet 44 left St. Louis on the steamer "How- 
ard" on May 10, 1838, accompanied by Fathers Verhaegen 
and Helias. Near Fort Leavenworth he bade good-bye to 
his companions and continued the journey with Father 
Felix Verreydt and Brother Mazelli on board the "Wil- 
mington". They encountered the usual difficulties of Mis- 
souri Biver navigation, stopped several hours at the village 
of the Ioways in Kansas, talked with their chief Mahaska or 

42 House Executive Documents, 2nd Session, 28th Congress, No. 52, p. 94. 

43 1 < The history of the Catholic missions in the Eocky Mountains is little 
more than a record of the work of Father P. J. De Smet, S. J., one of the 
most interesting and noteworthy characters in the annals of the West." — 
Chittenden's American Fur Trade of the Far West, Vol. II, p. 648. 

Four large volumes have been prepared by Messrs. Chittenden and Eichardson 
on Father de Smet's Life and Travels among the North American Indians. 
See Vol. I, p. 8. 

44 This remarkable man was born at Termonde, Belgium, in the year 1801 
and received his education in a religious school at Malines. At the age of 
twenty, in company with five other young men, in response to a call to labor 
among the Indians he crossed the Atlantic in 1821. He spent two years in the 



EARLY HISTORY OK WHNTKRN JOWA 



347 



White Cloud, and farther on visited the Otoe village at 
Bellevue, where they met Rev. Moses Merrill. 45 On the 
afternoon of the last day of May the missionaries arrived 
among the Pottawattamies : Father de Smet's letter in 
French to his superior deserves to be quoted with reference 
to this event: 46 

We arrived among the Potawatomies on the afternoon of the 31st 
of May. Nearly 2,000 savages, in their finest rigs and carefully 
painted in all sorts of patterns, were awaiting the boat at the land- 
ing. I had not seen so imposing a sight nor such fine-looking In- 
dians in America : the Iowas, the Sauks and the Otoes are beggars 
compared to these. Father Verreydt and Brother Mazelli went at 
once to the camp of the half-breed chief, Mr. Caldwell, four miles 
from the river. We were far from finding here the four or five 
hundred fervent Catholics we had been told of at the College of St. 
Louis. Of the 2,000 Potawatomies who were at the landing, not a 
single one seemed to have the slightest knowledge of our arrival 
among them, and they all showed themselves cold or at least in- 
different toward us. Out of some thirty families of French half- 
breeds two only came to shake hands with us ; only a few have been 
baptized. All are very ignorant concerning the truths of religion ; 

Jesuit novitiate in Maryland, then journeyed with twelve others to Florissant, 
Missouri, not far from St. Louis, and there established the second novitiate of 
the Society of Jesus in the United States. From their small log cabins sprang 
the now splendid St. Louis University, founded in 1829. 

De Smet was ordained a priest in 1827, but several years more were to elapse 
before he could realize his ambition to labor among the American natives. The 
years 1833-1837 he spent in Europe to recruit his health and secure supplies 
for the infant University. Not until 1838 did he begin the missionary labors 
which extended over the remainder of his life — until 1873. See Chittenden 
and Eichardson's Father De Smet's Life and Travels, Vol. I, pp. 6-14. 

45 About the Baptist missionary Father de Smet wrote : ' ' The $600 that the 
Government grants every year to this reverend gentleman; the aid which the 
Boston propaganda sends his Eeverence; and a fine farm .... are so 
many items which prevail on him to remain among them; for in the five years 
that he has been here he has not yet baptized a single person. Indeed, that is 
all that this horde of apostles of Protestantism, with which all the Indian 
territory is flooded, are doing. "— Chittenden and Eichardson's Father De 
Smet's Life and Travels, Vol. I, pp. 155, 162. 

46 Chittenden and Eichardson's Father De Smet's Life and Travels, Vol. I, 
p. 157. 



348 IOWA JOURNAL OF HISTORY AND POLITICS 



they can't even make the sign of the cross nor say a pater or an ave. 
This as I suppose, is the cause of their great reserve toward us. 
They change wives as often as the gentlemen of St. Louis change 
their coats. 

' ' Billy" Caldwell, chief of the united nation, received the 
4 4 Black Bobes" very favorably and showed his willingness 
to assist them. The half-breeds generally were declared to 
be i i affable and inclined to have their children instructed, ■ f 
while the Indians themselves gave many tokens of affection, 
paying their respects to the missionaries every day. The 
chief presented them with three cabins and Colonel Kearny 
donated the fort, about which Father de Smet could report 
later : 

We have a fine little chapel, twenty-four feet square, surmounted 
with a little belfry; four poor little cabins besides, made of rough 
logs; they are fourteen feet each way, with roofs of rude rafters, 
which protect us from neither rain nor hail, and still less from the 
snow of winter. 47 

On the day of Corpus Christi I put up a cross on the roof, and 
while I climbed the ladder to put it in place, and my flag floated 
from a hole in my breeches, Father Felix beheld the devil clap his 
tail between his legs and take flight over the big hills. 48 

Father de Smet and his companions spent their days in- 
structing the children, baptized them from time to time, and 
once a week visited each of the different bands of the nation, 
living from five to twenty-five miles apart. One village was 
located as far east as the present town of Lewis in Cass 
County. Thus the " Black Robes' ' taught the children and 
preached to the elders through an interpreter. But they 
complained of the Indian scourge as follows : 

47 Chittenden and Kichardson 's Father De Smet 's Life and Travels, Vol. I, 
p. 168, written July 20, 1838. 

48 Chittenden and Eiehardson 's Father He Smet 's Life and Travels, Vol. I, 
p. 158, written June, 1838. 

For a short account of the block-house chapel see Annals of Iowa (Third 
Series), Vol. II, pp. 549-552. 



EARLY HISTORY OF WESTERN IOWA 



349 



Providence has placed us at some distance from any great num- 
ber of these savages, for since the arrival of the steamboat, which 
brought a large quantity of liquor, they are quarreling and fighting 
from morning till night. When they are sober the most perfect 
harmony prevails throughout the nation: whole years often pass 
without quarrels. They are not at all addicted to the pernicious 
practice of slander; the most corrupt regard a slanderer with dis- 
dain, while the more respectable avoid him as they would a snake. 
No one would dare make accusations against those who enjoy a 
good reputation, and as for the good-for-nothings, they do not 
lower themselves so far as to speak of them. 49 

The Fathers were consoled in July, 1838, by the admis- 
sion of one hundred and eighteen children to their little 
school and the baptism of one hundred and five. They 
received a call from the head chiefs of the Pawnee Loups 
of the Big Platte River, who bitterly assailed the Protestant 
missionary 50 among their people and invited de Smet to 
visit them. Two chiefs of the Omahas with some forty 
warriors also crossed the river to St. Joseph Mission and 
treated the Fathers to a calumet or friendship dance. 51 

Father de Smet wrote that the architecture of an Indian 
village was quite as outlandish as their dancing. To quote : 
" Imagine a great number of cabins and tents, made of the 
bark of trees, buffalo skins, coarse cloth, rushes and sods, 
all of a mournful and funereal aspect, of all sizes and 
shapes, some supported by one pole, others having six, and 
with the covering stretched in all the different styles imag- 
inable, and all scattered here and there in the greatest con- 
fusion, and you will have an Indian village." 52 

49 Chittenden and Bichardson's Father De Smet 9 s Life and Travels, Vol. I, 
pp. 158, 159. 

so Probably Eev. John Dunbar, and Samuel Allis, who later became a citizen 
of Iowa. — See History of Mills County, Iowa, p. 643. 

si Chittenden and Bichardson's Father De Smet's Life and Travels, Vol. I, 
pp. 164, 167. 

52 Chittenden and Bichardson's Father De Smet's Life and Travels, Vol. I, 
p. 168. 



350 IOWA JOURNAL OF HISTORY AND POLITICS 



In August, 1838, the Protestant missionary at Bellevue 
reported visits from two daughters of "Mr. Harding" and 
also from "Mr. Smith, a Catholic priest from the Puta- 
watomies ' \ 53 Early in the spring of 1839 occurred an event 
of considerable importance in this wild region : Jean Nicolas 
Nicollet, a celebrated Frenchman employed by the United 
States government to map out the Upper Mississippi Val- 
ley, accompanied by his assistant, Lieutenant John C. Fre- 
mont, a German botanist, and Major John F. A. Sanford of 
the American Fur Company, arrived on the steamboat 
"Antelope" from St. Louis. Other passengers on board 
were various employees of the company, among whom were 
sixty or seventy Creoles, Canadians, and half-breeds, "who, 
in the fur country, are dubbed ' pork-eaters 7 until a more 
hazardous and useful course of life entitles them to the high 
qualification of voyageurs." 54 

Such was the group which Father de Smet joined on 
April 29, 1839, starting out on his mission to establish a 
durable and advantageous peace between the Pottawatta- 
mies and the Sioux, for in the words of the ambassador 
himself : ' ' Our savages have lived, during the last two 
years, in a terrible dread of this numerous and warlike 
nation; lately, also, two of our people have been mas- 
sacred." The "celebrated Mr. Nicollet" presented Father 
de Smet with several instruments — thermometer, ba- 
rometer, compass, etc., to take observations during the sum- 
mer, to supplement those he was making in the upper 
country. To quote from Nicollet's report: "We stopped 
before night at the foot of the bluff on which is Floyd's 
grave; my men replaced the signal, blown down by the 
winds, which marks the spot and hallows the memory of the 
brave sergeant". On May 11th Father de Smet disem- 

53 Transactions and Reports of the Nebraska State Historical Society, Vol. 
IV, pp. 188, 189. 

54 House Executive Documents, 2nd Session, 28th Congress, No. 52, pp. 41, 42. 



EARLY HISTORY OF WESTERN IOWA 



351 



barked at the mouth of Vermilion River in the present State 
of South Dakota. There he was hospitably feasted and 
entertained by the Yankton Sioux and succeeded in obtain- 
ing promises to keep the peace. After urgently inviting 
them to visit the Pottawattamies he returned down the 
Missouri in a canoe piloted by two skillful paddlers. 55 

In determining the altitude of places in the upper Mis- 
sissippi Valley Nicollet acknowledged the services rendered 
by "the Revs. P. J. Smedt and Felix Werreydt, mission- 
aries among the Pottawattamies at Camp Kearney, near 
Council Bluffs, on the Missouri.' ' It is a noteworthy fact 
that of the two fixed barometer stations which Nicollet 
established north of St. Louis one was conducted by the 
Jesuit Fathers. In the words of the official government 
report, "Mr. De Smedt . . . * . soon made himself ac- 
quainted with the manner of taking observations; and 
proved it, in furnishing me with a four months series, made 
with a care that the most scrupulous examination could 
only confirm, and embracing the period between the 17th of 
May and 17th of September, 1839 ". 56 

From May 10th until December, 1839, Father de Smet 
kept a journal of the most noteworthy events in the neigh- 
borhood, "of a rather gloomy nature, disgusting and dis- 
couraging". His indictment of the traders and especially 
of the American Fur Company may be gathered from the 
following entry under date of May 30 : 

Arrival of the steamer Wilmington with provisions. A war of 
extermination appears preparing around the poor Potawatomies. 
Fifty large cannons have been landed, ready charged with the most 
murderous grape shot, each containing thirty gallons of whiskey, 

55 Chittenden and Eichardson 's Father De Smet 's Life and Travels, Vol. I, 
pp. 179, 180, 186, 189, 190; and House Executive Documents, 2nd Session, 28th 
Congress, No. 52, p. 34. 

56 House Executive Documents, 2nd Session, 28th Congress, No. 52, pp. 94, 98, 
and Father de Smet's table of calculations on p. 99. 



352 IOWA JOURNAL OF HISTORY AND POLITICS 



brandy, rum or alcohol. The boat was not yet out of sight when 
the skirmishes commenced. After the fourth, fifth and sixth dis- 
charges, the confusion became great and appalling. In all direc- 
tions, men, women and children were seen tottering and falling; 
the war-whoop, the merry Indians' songs, cries, savage roarings, 
formed a chorus. Quarrel succeeded quarrel. Blows followed 
blows. The club, the tomahawk, spears, butcher knives, brandished 
together in the air. Strange ! Astonishing ! only one man, in this 
dreadful affray, was drowned in the Missouri, another severely 
stabbed, and several noses lost. ... A squaw offered her little 
boy four years old, to the crew of the boat for a few bottles of 
whiskey. I know from good authority, that upwards of eighty 
barrels of whiskey are on the line ready to be brought in at the 
payment [annuity paid to the Indians by the government] . 

May 31. Drinking all day. Drunkards by the dozen. Indians 
are selling horses, blankets, guns, their all, to have a lick at the 
cannon. Four dollars a bottle ! Plenty at that price ! ! Detestable 
traffic. 57 

In the month of April, 1839, the arrival of a new sub- 
agent in the person of Stephen Cooper checked the liquor 
sellers. Elijah Stevens became blacksmith, John La 
Framboise his assistant, and Claude La Framboise inter- 
preter. In August came the " Antelope' ' with more whis- 
key and a few days later the "St. Peter's" with $90,000 in 
annuities, which were distributed to the Indians amid great 
glee and much activity on the part of traders to obtain their 
credits. Then once more liquor was "rolled out to the In- 
dians by whole barrels; sold by white men even in the 
presence of the agent. Wagon loads of the abominable 
stuff arrive daily from the settlements, and along with it 
the very dregs of our white neighbors and voyageurs of the 
mountains, drunkards, gamblers, etc., etc." 58 

57 Chittenden and Richardson's Father Be Smet's Life and Travels, Vol. I, 
pp. 172, 173, 184, 185. 

ss Chittenden and Richardson's .Father Be Smet's Life and Travels, Vol. I, 
pp. 174, 175. See Senate Bocuments, 1st Session, 26th Congress, Vol. IV, No. 
126, p. 5. 



EARLY HISTORY OF WESTERN IOWA 



?>■)?> 



When Father de Smet wrote his last letter from the Pot- 
tawattamie mission in December, 1839, he reported that 
Mr. Hardin's family was well, and that Mrs. Scugin and her 
son Ramsay, Miss Henrietta, Messrs. Dick and Allen were 
below at Westport, Missouri. Twenty-three Indian couples 
had been married, one hundred and sixty-two children and 
eighty adults had been baptized, mostly half-breeds, and 
forty had been admitted to the Lord's Supper. The chapel 
was tolerably well attended on Sundays, though most of the 
Indians were then absent on hunting expeditions. Father 
de Smet concluded his letter by telling of a visit then being 
paid by the Yankton Sioux : 

We have forty of them in our bluffs, and of their bravest war- 
riors, caroling together with the Potawatomies, and behaving to- 
wards each other like true brethren and friends. Last night they 
honored us with their great pipe-dance, and gave a serenade before 
every wigwam and cabin. They appeared to be very much pleased 
with all the people here. 59 

On the 18th of September had occurred an event which 
proved to be fraught with much significance in the life of 
Father de Smet: a deputation from the Flathead Indians 
who dwelt high up on the Missouri stopped at St. J oseph 
Mission on their way to St. Louis to make a request for 
missionaries or 4 'Black Gowns". The Flatheads proceeded 
to St. Louis and made application to the bishop as they had 
done repeatedly before. Their persevering entreaties were 
not rewarded until Father de Smet volunteered to under- 
take the task alone. He accompanied them home from St. 
Louis in March, 1840, and thus ended his missionary labors 
in the Iowa country, but not his interest. In the autumn of 
that year, on his return from the Far Northwest, he encoun- 
tered at Fort Vermilion a Santee Sioux war-party "just 
back from an excursion against my dear Potawatomies", 

59 Chittenden and Bichardson's Father Be Smet's Life and Travels, Vol. I, 
pp. 177, 178. 

vol. xi — 23 



354 IOWA JOURNAL OF HISTORY AND POLITICS 



bringing one scalp with them on the end of a long pole. In 
the midst of their dance of victory Father de Smet ap- 
peared, and in council rebuked them for breaking their 
peace promise: they begged him "to assure the Potawato- 
mies of their sincere resolution to bury the hatchet for- 
ever. " 60 

Continuing southward in a canoe piloted by an Iroquois 
half-breed amid floating ice, Father de Smet was at length 
compelled to stop at the Council Bluffs. There in his 
"budding mission", he was grieved to see the ravages 
caused by the traffic of unprincipled men: "drunkenness, 
with the invasions of the Sioux on the other hand, had 
finally dispersed my poor savages. ' 7 Fathers Verreydt and 
Christian Hoecken, however, still busied themselves among 
some fifty families that had "the courage to resist these two 
enemies." Indeed, after the murder committed in the 
month of September, 1840, Colonel Kearny had to come 
with a force of dragoons and established a certain degree 
of confidence among the Pottawattamies who then feared a 
general descent upon them by the Sioux. After a brief 
visit with them, Father de Smet made the remainder of his 
journey on horseback to Independence and by stage to St. 
Louis. 

In the month of October, 1840, the sub-agency buildings 
still stood opposite the mouth of the Big Platte Eiver. The 
agent reported that there was no farmer to teach the two 
thousand Pottawattamies agriculture. He also credited the 
Jesuit priests with having done considerable service as 
physicians when sickness became prevalent immediately 
after the Indians' return from the spring hunt. One year 
later the agent, Cooper, had been succeeded by a man named 
Deaderick. He expressed alarm because the Pottawattamie 
warriors were seeking to engage several tribes for a joint 

60 Chittenden and Kichardson 's Father De Smet 's Life and Travels, Vol. I, 
pp. 256, 257, 270. 



KAltLY HISTORY OK WK STERN IOWA 



355 



expedition against the Sioux; there was no farmer, no teach- 
er, and not enough blacksmiths to do all the work; the whis- 
key traffic was awful; and Chief Billy Caldwell was dead. 01 

The Pottawattamie mission at Council Bluffs lost its in- 
spiration with the departure of Father de Smet: it is of 
particular interest in Iowa history and that of the West 
because here commenced that famous series of letters 
which made Father de Smet's name ' ' well known through- 
out the world. . . . They were probably not intended 
for publication for they lack something of the clerical dig- 
nity in which the writer then doubtless thought he ought to . 
appear in public ; but they are all the better for the omission 
and are equal, in force of expression, to anything he after- 
ward produced.' * His missionary enterprise lasted but a 
few months longer, for in the month of October, 1841, the 
Indians were without teachers and one year later Fathers 
Verreydt and Hoecken were engaged in eastern Kansas. 62 

That "Council Bluffs subagency" opposite the outlet of 
the Big Platte River was more than a mere agency can be 
gathered from the diary of John C. Fremont who had just 
returned from his first expedition to the Rocky Mountains. 
Under date of October 1, 1842, he wrote : "I rose this morn- 
ing long before daylight, and heard, with a feeling of pleas- 
ure, the tinkling of cow-bells at the settlements on the 
opposite side of the Missouri." 63 

ei Chittenden and Bichardson 's Father De Smet 's Life and Travels, Vol. I, 
p. 258; and Senate Documents, 1st Session, 26th Congress, No. 1, p. 56; 2nd 
Session, No. 1, pp. 321, 322, 377; and 2nd Session, 27th Congress, Vol. I, No. 1, 
pp. 281, 357. 

Father de Smet later returned to the Flatheads of the Upper Missouri 
region and traveled extensively among the western tribes, beloved and respected 
by them all. 

62 Chittenden and Kichardson's Father De Smet f s Life and Travels, Vol. I, 
p. 16. See also House Executive Documents, 3d Session, 27th Congress, No. 2, 
pp. 487, 488. For references to the mission see Kempker's The Catholic 

i 

Church in Council Bluffs, Iowa, pp. 1-6. 

63 Fremont 's Memoirs of My Life, p. 162. 

/ 



356 IOWA JOURNAL OF HISTORY AND POLITICS 



In April, 1842, a company of dragoons commanded by 
Captain J. H. K. Burgwin was despatched by steamboat 
from Fort Leavenworth to the Pottawattamie country. 
This time there were strong reasons to expect the breaking 
out of war between the Sioux and the united nation. There- 
fore, "prompt and rigorous measures were adopted to pre- 
vent this outbreak, which, if it had commenced, would have 
involved consequences of the most hazardous character to 
the combatants ; would probably have embroiled neighbor- 
ing tribes, and could have been arrested by the Government 
only at great cost." Accordingly, Fort Croghan was con- 
structed as a temporary post on May 31, 1842, midway be- 
tween the outlets of the Boyer and the Mosquito rivers, 
near the southwest corner of the present city of Council 
Bluffs. The united tribes were now assured of protection 
while the Sioux were warned to desist from the threatened 
attack. 

The troops of the new fort also helped to suppress illicit 
liquor traffic with the Indians, assisting the resident agent 
in the enforcement of the intercourse laws. At this time 
every accessible tribe of the Indian population of the United 
States fell a prey to the scum and refuse of American soci- 
ety. To this depraved and criminal element belonged de- 
serters from fur-trading posts on the Upper Missouri, 
renegades from Santa Fe, discharged and deserting sol- 
diers, and fugitives from justice. With such persons 
around, the Federal government could not hope to uplift 
the Indian. And with such private traders, all licensed 
traders had to reckon. 64 At least one cargo of liquor was 

64 In a short sketch of Fort Croghan in Annals of Iowa (Third Series), Vol. 
Ill, p. 471, the writer asserts that the name first given to the post was "Camp 
Fenwick". Chittenden is, of course, mistaken when he declares in his American 
Fur Trade of the Far West, Vol. Ill, p. 950, that Fort Croghan ' ' stood a little 
above the present Union Pacific bridge in Omaha". 

Senate Documents, 3d Session, 27th Congress, No. 1, Chart, and pp. 210, 387; 
1st Session, 28th Congress, No. 1, p. 395; and House Executive Documents, 3d 



EARLY HISTORY OK WESTERN IOWA 



357 



smuggled past the garrison at Fort Croghan. Liquor was 
the one article above all others which the traders considered 
indispensable to the promotion of their business interests : 
seldom did they fail to smuggle their casks into the Indian 
country. The American Fur Company was no insignificant 
offender in this respect, being forced to it in order to com- 
pete on an equal footing with private traders. 

The "Omega" had got safely past Belle vue without being 
subjected to inspection and had reached Hart's bluff when 
< < a couple of shots were fired across her bow ' \ She brought 
to at once and made for the shore. Captain Sire was then , 
presented with a polite note from Captain Burgwin appris- 
ing him that his ship must await inspection. On board were 
John James Audubon and his party of scientists, who had a 
government permit to carry with them a certain quantity 
of liquor. To the lieutenant who had stopped the ship he 
"expressed a desire to visit the camp, and the lieutenant 
detailed a dragoon to accompany him." To quote further 
from Mr. Chittenden's story: 

The great naturalist rode four miles to call upon an obscure army 
officer whom he knew he could see in a short time by waiting at the 
boat. The officer was overwhelmed at the honor of the visit, and 
when Audubon offered to present his credentials he politely and 
gallantly replied that his name was too well known throughout the 
United States to require any letters. Audubon says of the occasion : 
"Iwas on excellent and friendly terms in less time than it has taken 
me to write this account of our meeting. ' ' Between his entertaining 
conversation and the shooting of some birds he contrived to detain 
the Captain for a good two hours before they returned to the boat. 

Meanwhile the boatmen had not been idle. In the hold of 
the ship they had loaded all casks of liquor on small cars 
which traveled on a circular track. 

Session, 27th Congress, No. 2, p. 424; and 1st Session, 28th Congress, Nicollet's 
map, p. 7. 



358 IOWA JOURNAL OF HISTORY AND POLITICS 



"When Captain Burgwin arrived in Audubon's company, he was 
received most hospitably and treated to a luncheon, in which was 
included as a matter of course, a generous portion from the private 
store embraced in Audubon's "credentials". By this time the 
young Captain was in most excellent temper and was quite disposed 
to forego the inspection altogether. But the virtuous Sire would 
not have it so. ' ' 1 insisted, as it were, ' ' says the worthy navigator 
in his log of May 10, "that he make the strictest possible search, 
but upon the condition that he would do the same with other 
traders. ' ' 

Needless to say, the liquor got past, for while the two 
captains were groping along by the light of a dim candle, 
peering into nooks and corners, some boatmen were slowly 
shoving the cars around the tramway behind the inspector 
so as to keep them out of his reach as he went. So the 
American Fur Company's agents went on their way re- 
joicing. "But woe to the luckless craft of some rival trader 
who should happen along with no Audubon in the cabin and 
no tramway in the hold." 65 

In a journal of the voyage Audubon chronicled the visit 
to Fort Croghan, but did not record the incident so well 
described above. Concerning the fort itself, he wrote that 
it "was named after an old friend of that name, with whom 
I hunted raccoons on his father's plantation in Kentucky, 
thirty-five years before. His father and mine were well 
acquainted, and fought together with the great Generals 
Washington and Lafayette, in the Eevolutionary War 
against ' Merry England.' The parade ground here had 
been four feet under water in the late freshet." He also 
recorded the fact that the officers of the post were nearly 
destitute of provisions the year before, and sent off twenty 
dragoons and twenty Indians on a buffalo hunt; and that 
they killed, within eighty miles of the fort, fifty-one buf- 
faloes, one hundred and four deer, and ten elks. 66 

es Chittenden's American Fur Trade of the Far West, Vol. II, pp. 678-681. 
66 Life of John James Audubon, pp. 420, 421. 



EARLY HISTORY OF WESTERN IOWA 359 

Sub-agent Richard S. Elliott, who had followed John B. 
Luce in March, 1843, made a lengthy report in the fall of 
that year. He conceived the idea that although the govern- 
ment had stationed a company of dragoons there, being 
under tacit obligation to protect the Pottawattamies, yet if 
the troops were withdrawn, the Indians would have addi- 
tional reason to make a treaty to cede their lands to the 
government the coming spring or summer. The agent took 
care to state that he offered this not as a recommendation 
but as a suggestion only. Late in September, 1843, the 
dragoons marched away. 67 

In the spring of 1843, it will be remembered, began the 
first united movement of emigrants from the settled States 
to distant Oregon. Among the ten-year-old pioneers of 
Iowa Territory also there arose much interest, ending 
sometimes in the organization of Oregon emigration soci- 
eties. The newspapers of eastern Iowa, then the only set- 
tled portion of the Territory, advertised and recommended 
the advantages of Burlington as a suitable starting-point 
on account of its abundance of necessary supplies, and an 
excellent and very commodious steam ferry-boat across the 
Mississippi. Emigrants were urged to choose the short and 
easy route from Burlington by way of the Skunk and the 
Des Moines rivers to Council Bluffs, a distance of 350 miles, 
and cross the Missouri on a ferry at or near that point. 68 

In the last week of May, 1843, fourteen or fifteen ox- 
wagons and a number of young men on horseback passed 
through Iowa City, headed for the Far West. Iowans of 
that day prophesied nothing but danger, privation, suffer- 
ing, and death by famine or savage foes. The adventurers 
proceeded to Fort Des Moines, then just established at the 
Raccoon Fork of the Des Moines Eiver, where they expected 

67 Senate Documents, 1st Session, 28th Congress, Vol. I, No. 1, pp. 391-396. 
es Iowa Capital Reporter, March 25, 1843. 



360 IOWA JOURNAL OF HISTORY AND POLITICS 



additions to their company. From there they intended to 
direct their course to Council Bluffs. 69 How many other 
bands of emigrants crossed Iowa Territory and followed 
the northern route to the West must be left to conjecture, 
and whether much of a trail was made across the Iowa 
prairies at this time cannot be ascertained. Many Iowans, 
however, were seized with the Oregon fever at this early 
date and the " Oregon trail" leading west of Fort Des 
Moines into the uninhabited portion of Iowa Territory was 
plainly visible and even used by a force of dragoons under 
Captain Allen in the spring of 1844. 

Captain J ames Allen, commandant at Fort Des Moines, 
led a dragoon expedition up the Des Moines Eiver through 
the Sioux Indian country in what is now the southwestern 
corner of the State of Minnesota to the Big Sioux Eiver. 
This body of horse troops consisting of fifty-seven men 
marched southward down the beautiful valley of the Big 
Sioux and camped near the picturesque falls where the city 
of Sioux Falls now stands. On the 14th of September, 
1844, they continued their course over a rough country, cut 
up by various brooks in what is to-day Lyon County. 
Captain Allen recorded in his Journal that they "en- 
camped at the mouth of one of them, and killed a bull stand- 
ing across the river, six men firing at him by volley, and 
each ball taking effect ' ' ; and that buffalo had been in sight 
almost continuously since they struck the Big Sioux River 
so that they might have killed hundreds. 

On September 15, they ascended some high bluffs, then 
made their way over smooth prairie, and in the afternoon 
struck what is now the Rock River in Sioux County, a clear 
little stream which they followed to its mouth to find a 
trading-house which the Sioux Indians had declared stood 
there. The dragoons pitched camp but saw no signs of a 

69 The Iowa Standard, June 1, 1843. 



EARLY HISTORY OF WESTERN IOWA 36] 

trading post, no trails nor any evidence of near habitation. 
For the next four days they drove their weary horses 
through the western part of Plymouth County, met with all 
sorts of trouble, declared that "the romance of marching 
through a wilderness country is much abated", and then 
turning eastward, completed their journey back to the ad- 
vance post of civilization, Fort Des Moines. Captain Allen 
and his dragoons were the first white men who set foot in 
Iowa's northwestern corner, so far as the records show. 7 " 

Not until the summer of 1845, it seems, were the original 
buildings of the Council Bluffs sub-agency abandoned and 
a new location found at a point opposite Bellevue, twenty 
miles below the mouth of the Boyer River and about thirty- 
five miles from the Missouri line. This place, long called 
Trader's Point, also went by the name of "Point Aux 
Poulos", and consisted of three trading-houses. 71 

The year 1846 was marked by a treaty for the departure 
of one race and by the permanent advent of another : before 
the exit of the Pottawattamies came the Mormons fleeing 
from their enemies in the State of Illinois. These refugees 
traversed the southern portion of the Territory of Iowa, 
through the settled counties and then the remaining two- 
thirds of the distance over a roadless, bridgeless, unpeopled 
stretch of country. East of their settlement at Mt. Pisgah 
(now Union County) they came upon traces of the Indians, 
for a Mormon elder wrote on May 11 : "No game or wild 
animal of any description to be seen, having been thinned 
out by a tribe of Indians, called Pottawattamies, whose 
trails and old camping-grounds were to be seen in every 
direction." 72 

70 House Executive Documents, 1st Session, 29th Congress, No. 168, which is 
reprinted in The Iowa Journal of History and Politics, Vol. XI, pp. 73-108. 
See pp. 84, 101-105. 

71 Senate Documents, 1st Session, 29th Congress, Vol. I, No. 1, pp. 546-554. 

72 Journal of History (Lamoni), Vol. II, p. 189. 



362 IOWA JOURNAL OF HISTORY AND POLITICS 



The Mormons encountered no opposition : they passed the 
Indian village in what is now western Cass County, and 
when they reached the Council Bluffs agency in June, they 
were welcomed in a most friendly manner, winning the 
hearts of the Indians by giving a concert at their agent's 
residence. At a council their chief made an address in 
which he gave the newcomers "permission to cut wood, 
make improvements, and live where they pleased on their 
lands." Opposite Bellevue, at Trader's Point, the Indians 
had cut an approach to the river and established a ferry: 
they now did a big business carrying over, in the flat-bottom 
boats, the families and wagons, and the cows and sheep of 
those Mormons who were to spend the next few months at 
Winter Quarters (on the site of Florence, Nebraska). 
Many Mormon families, however, tarried permanently in 
what later became Mills and Pottawattamie counties. 73 

The treaty made and concluded between the United 
States and the Pottawattamies at the agency on June 5th, 
1846, was ratified by the Senate and formally proclaimed in 
July as the law of the land. The Indians surrendered all 
their lands in the Territory of Iowa in return for a tract of 
land upon the Kansas River, and on being furnished with 
wagons, horses, and other means of transportation agreed 
to remove to their new homes within two years. 74 The sub- 
agent, R. B. Mitchell, expressed a belief that they would 
depart during the winter or spring. In September he re- 
ported that nearly one-tenth of the Pottawattamies had 
died that year. 75 

During the winter and spring the two government black- 
smiths were constantly engaged in repairing guns, traps, 
and other implements required for their hunting expedi- 

73 Linn's The Story of the Mormons, pp. 367, 375, 376. 

7 4 Kappler 's Indian A fairs, Vol. II, pp. 413, 414. 

75 House Executive Documents, 2nd Session, 29th Congress, Vol. I, No. 4, pp. 
285, 300. 



\ 



EARLY HISTORY OF WKSTKRN IOWA 



tions, and during the summer and autumn of 1847 they 
repaired wagons, and made log-chains and other articles 
for the emigration southward. Their miller was busy 
grinding and sawing, and "contributed largely to their 
wants in breadstuffs." Some of the Pottawattamies had 
been down to examine their new country and reported un- 
favorably. Thomas H. Harvey, Superintendent of Indian 
Affairs, came all the way from St. Louis to the Council 
Bluffs sub-agency to be present at the annual payment of 
the Indians and urged them to remove at once. In October 
they set out in large parties for their new homes, crossing 
the Missouri Eiver at different points. By the winter of 
1847, with the exception of a small band which determined 
to remain and hunt about the headwaters of the Des Moines 
Eiver, all the Pottawattamies had taken leave of their Mor- 
mon neighbors, then the only settlers in the western part 
of the State of Iowa, and had vanished one stage farther 
on the journey westward, thus making room for the perma- 
nent occupation of their hunting-grounds by enterprising 
emigrants from the East. 76 

Jacob Van der Zee 

The State Historical Society of Iowa 
Iowa City Iowa 

76 Senate Documents, 1st Session, 30th Congress, Vol. I, pp. 738, 837, 877, 
Strictly speaking the first settlers in western Iowa were the men who in 1840 
and almost every year thereafter founded homes in the southern townships of 
what many years later became Fremont County, Iowa. These pioneers believed 
they were actually citizens of the State of Missouri because the boundary then 
was declared to be ten miles north of the present boundary. Had it not been 
for Missouri's mistake the survey and entry of lands as early as 1840 would 
have been prevented in territory still owned and occupied by the Pottawattamie 
Indians. See Howe's Annals of Iowa, Vol. II, p. 38. 



HISTORY OF THE CODES OF IOWA LAW 



V 

THE CODE OF 1897 

The last official code of the State of Iowa, the Code of 
1897 f dates in reality from the year 1894 when the Twenty- 
fifth General Assembly created a commission to revise and 
codify the laws. 1 The need for such a codification had been 
apparent for several years. The Code of 1873 had long 
been out of print and was not even used to any considerable 
extent by people who desired to consult the laws. Two pri- 
vate codes had made their appearance in the eighties and 
had come into general use. In fact, there was no official 
code to which the citizens of Iowa could refer to learn all 
the law on any given subject, for since the year 1873 the 
statutes were scattered in several volumes of session laws. 2 

In addition to the above reasons for the preparation of 
the Code of 1897 there were others of a more immediate 
nature. During the legislative session of 1892 a large num- 
ber of petitions had been presented to the General As- 
sembly praying for a change in the revenue laws. A com- 
mission was accordingly created by the Twenty-fourth Gen- 
eral Assembly which suggested changes to be made in these 
laws. 3 Then, too, various attempts had been made in 1894 

1 Laws of Iowa, 1894, pp. Ill, 112. 

2 For an article on The Code of 1873, see Powell's History of the Codes of 
Iowa Law in The Iowa Journal of History and Politics, Vol. XI, pp. 166- 
220. 

s These petitions are mentioned in House Journal, 1892, pp. 78, 84, 85, 106- 
108, 115, 120, 132, 144, 145, 146, etc. The act creating the Commission may be 
found in Laws of Iowa, 1892, pp. 100, 101. See also Beport of the Bevenue 
Commission, 1893. 

364 



HISTORY OF T1IK CODKS OF IOWA LAW 365 

to codify and revise the statutes relating to particular sub- 
jects. 4 Believing that the laws should not be amended in 
piece-meal fashion, but that the time had arrived for a 
general and complete amendment, a Code Commission of 
five members was created. 

CREATION OF THE CODE COMMISSION 

The Twenty-fifth General Assembly convened in Des 
Moines on the eighth day of January, 1894. 5 In the House 
of Representatives Mr. James H. Trewin, representing the 
county of Allamakee, appears to have been the champion of 
codification. On January 16, 1894, Mr. Trewin offered the 
following concurrent resolution : 

Resolved by the House of Representatives, the Senate concurring, 
That a commission consisting of seven members be appointed for 
the purpose of codifying the laws of the State of Iowa. 6 

Shortly afterward Mr. Trewin introduced a second bill, 
House File No. 186, which was < ' a bill for an act to create a 
commission to revise and codify the laws of Iowa and de- 
fining its duties and providing for the publication and dis- 
tribution of its report." 7 

Previously, however, on January 24, 1894, Mr. M. D. Reed 
of Exira had introduced House File No. 108, which was < ' a 
bill for an act providing for a commission to revise the 
school laws of the State." 8 This bill was referred to the 
Committee on Schools and Text-books which reported on 
February 1st through its chairman, S. J. Van Gilder, recom- 
mending its passage. 9 When the above bill was considered 

* Senate Journal, 1894, pp. 85, 117, 275. See also, House Journal, 1894, pp. 
50, 462, 463, 883, 884. 

s Iowa Official Begister, 1911-12, p. 125. 
e House Journal, 1894, p. 60. 
7 House Journal, 1894, p. 112. 
s House Journal, 1894, p. 94. 
9 House Journal, 1894, p. 174. 



366 IOWA JOURNAL OF HISTORY AND POLITICS 



Mr. Trewin moved that his bill, House File No. 186, be sub- 
stituted for the Reed bill and the motion carried by the vote 
of 72 to 20. 10 The bill passed the Senate on March 8, 1894. 11 
On March 22, 1894, Mr. Trewin offered a resolution which 
was adopted, calling upon the House to elect the two mem- 
bers that the bill provided should be elected by the House. 12 
The resolution further declared that of the two men elected, 
one should be a Republican and the other a Democrat. Ac- 
cordingly on the 28th of March, 1894, Mr. Trewin offered 
the following resolution which was unanimously adopted: 

Resolved, That John Y. Stone and Charles Baker be and are 
hereby elected on the part of the House Code Commissioners of 
Iowa, as provided by the act creating a commission to revise and 
codify the laws. 13 

On the last day of the session an unsuccessful attempt 
was made in the House to refer two of the most important 
measures pending before the General Assembly to the Code 
Commission, as the House did not have sufficient time to 
adequately consider them. 14 

In the Senate on January 26, 1894, Senator James H. 
Jamison of Osceola introduced Senate File No. 89, which 
provided for a "commission to revise and codify the laws 
of Iowa' V 5 Nearly a month later, on the 14th of February 
Mr. M. W. Harmon of Independence, the chairman of the 
Senate Judiciary Committee, reported the bill back and 
among the changes suggested was that the following section 
should stand in place of the original : 

That a commission consisting of five persons learned in the law 
three of whom shall have been engaged in actual and continuous 

10 House Journal, 1894, pp. 367, 368. Senate Journal, 1894, p. 388. 

11 House Journal, 1894, p. 594. 

12 House Journal, 1894, p. 766. 

13 House Journal, 1894, p. 861. 

14 House Journal, 1894, pp. 1010, 1011. 
is Senate Journal, 1894, p. 72. 



HISTORY OF TIIK CODES (W IOWA LAW 3(77 



practice of law for the ten years last past ; two of said commissioners 
shall be appointed by the House of Representatives, one by the State 
Senate and two by the Supreme Court, be and is hereby constituted 
for the purpose of revising and codifying the laws of Iowa, with 
annotations, and reporting necessary and desirable changes to the 
Twenty-sixth General Assembly. 10 

On March 7, 1894, Senator Jamison called for the con- 
sideration of the above bill and upon its being read, he 
moved that the Trewin bill from the House be substi- 
tuted in its stead, which motion carried, 17 as the Trewin 
bill had been already received in the Senate 18 and passed 
upon favorably by the Judiciary Committee. 19 On March 8, 
1894, when the House bill was up for consideration, Senator 
J. R. Gorrell of Newton attempted to amend it by permit- 
ting one of the members of the Commission to be a person 
without legal education, but the amendment was lost, 20 and 
on its final reading the bill passed the Senate by the vote of 
42 to 6. 21 

The act creating the Code Commission of 1897 is com- 
paratively short but is very comprehensive and liberal in 
its provisions. The bill as finally enacted reads as follows : 

Section 1. That a non-partisan commission consisting of five 
persons, two of whom shall be appointed by the house of representa- 
tives, one by the state senate and two by the supreme court, be and 
is hereby constituted for the purpose of revising and codifying the 
laws of Iowa and reporting necessary and desirable changes to the 
Twenty-sixth General Assembly. Each of said commissioners shall 

is Senate Journal, 1894, pp. 202, 203. 
17 Senate Journal, 1894, p. 376. 
is Senate Journal, 1894, p. 238. 
is Senate Journal, 1894, p. 316. 

20 Senate Journal, 1894, p. 387. 

21 Senate Journal, 1894, p. 388. 

The Senate referred some of its bills for more mature deliberation to the 
Code Commission. — See Senate Journal, 1894, pp. 505, 728, and 813. On pages 
860-862 may also be found a list of statutes amended. 



368 IOWA JOURNAL OF HISTORY AND POLITICS 



be learned in the law and three of them shall have been engaged in 
the actual and continuous practice of the law for the ten years last 
past. 

Sec. 2. The said commissioners to be appointed by the house and 
senate, shall be selected before the final adjournment of the Twenty- 
fifth General Assembly, and the others shall be selected before the 
first day of June, A. D. 1894. 

Sec. 3. Before entering upon the discharge of their duties, the 
members of said commission shall severally take and subscribe to an 
oath to be filed with the secretary of state to support the constitu- 
tion of the United States and of the state of Iowa, and to faithfully 
and impartially perform the duties required of them by this act, 
according to the best of their knowledge and ability. 

Sec. 4. Said commission shall carefully revise and codify the 
laws of Iowa, and shall rewrite the same and divide them into 
appropriate parts and arrange them under appropriate titles, 
chapters and sections; omit all parts repealed or obsolete, in- 
sert all amendments and make the laws complete. Said commission 
shall have power to transpose words and sentences, arrange the 
same into sections or paragraphs and number them, change 
the phraseology and make any and all alterations necessary 
to improve, systematize, harmonize and make the laws clear and 
intelligible. They shall omit from said revision all laws of a local 
or temporary character, those relating to the apportionment of the 
state into congressional, senatorial and representative districts, and 
all references to decisions, notes of their own report, or that of any 
former commission. 

Sec. 5. Said commission shall enter upon the discharge of its 
duties on or before the first day of September, A. D. 1894, and its 
report showing what changes have been made, what statutes omitted 
and what amendments and further legislation it may deem neces- 
sary, shall be completed and printed before the first day of Novem- 
ber, A. D. 1895. Each member-elect of the Twenty-sixth General 
Assembly shall be provided by the secretary of state with at least 
two copies of said report. 

Sec. 6. Each member of said commission shall be allowed ten 
dollars ($10.00) per day for each and every day of not less than 
six hours necessarily and actually employed in the discharge of the 
duties of said commission, together with all necessary traveling 



HISTORY OF TH 10 CODKS OF IOWA LAW 369 



expenses, to be evidenced by vouchers duly verified and filed with 
the secretary of state. 

Sec. 7. Said commission shall have the power to employ a clerk 
or stenographer at an expense of not more than five dollars per day 
and expenses when actually necessary in the discharge of the duties 
of the commission. The executive council shall audit all bills con- 
nected with the said commission, and when approved, the secretary 
of state shall draw orders on the auditor of state for the amounts 
so shown. The auditor in turn shall issue orders on the state 
treasurer, who shall pay the same out of any funds not otherwise 
appropriated. 

Sec. 8. Vacancies in said commission on account of death, re- 
moval from the state, refusal or inability of any member to act, * 
or for any other cause, shall be filled by the supreme court. 

Sec. 9. This act being deemed of immediate importance shall 
take effect and be enforced [in force] from and after its passage 
and publication in the Iowa State Register and Des Moines Leader, 
newspapers published in Des Moines, Iowa. 

Approved March 19, 1894. 22 

It will thus be seen that the powers of the Commissioners 
were very sweeping, for not only did they have the power to 
rewrite and rearrange, to transpose words and change the 
phraseology, but they also had the power to "make any and 
all alterations necessary to improve, systematize, harmon- 
ize and make the laws clear and intelligible. ' ' Under this 
last provision it appears that the Commission could propose 
new legislation when in its opinion such additional pro- 
visions would improve the law of the State. 23 

Supplemental to the above act there was passed a joint 
resolution which still further enlarged the powers of the 
Commission. During the closing days of the session a joint 
resolution was passed authorizing the Code Commission to 
appoint one or more persons, 24 not to exceed three in num- 
ber who were to perform the following duties : 

22 Laws of Iowa, 1894, pp. Ill, 112. 

23 Laws of Iowa, 1894, pp. Ill, 112, See. 4. 

24 Senate Journal, 1894, pp. 819, 820. 

vol. xi — 24 



370 IOWA JOURNAL OF HISTORY AND POLITICS 



To act as commissioners for Iowa to confer with similar commis- 
sioners appointed by other states of the Union, in devising and 
recommending to the various states for adoption provisions to pro- 
mote uniformity of legislation in the United States, and that said 
commission to revise and codify the laws of Iowa, is hereby directed 
to consider any recommendations which may be made by the com- 
missioners of the various states for the promotion of such uni- 
formity of legislation and incorporate such recommendations into 
their report to the next General Assembly so far as they may deem 
the same to be wise and expedient. 25 

THE CODE COMMISSION 

As noted above, the House of Representatives selected 
Mr. Charles Baker of Iowa City and Mr. J ohn Y. Stone of 
Glenwood as its members of the Commission. The Senate 
appointed Mr. Emlin McClain of Iowa City, and the Su- 
preme Court appointed Mr. H. S. Winslow of Newton and 
Mr. H. F. Dale of Des Moines. 26 

Judge Horace Spencer Winslow, who was the chairman 
of the Commission, 27 was a Republican in politics and was 
born on the eighteenth day of July, 1837. His education was 
received at the academy at Brandon, Vermont, and at the 

25 Laws of Iowa, 1894, pp. 206, 207. 

In the Eeport of the Code Commission may be found the following statement 
concerning the delegates to this association: "By joint resolution of the two 
houses of the General Assembly the Commission was authorized to send three 
delegates to represent the state at the meeting of commissioners appointed by 
the various states to consider and recommend to their states for adoption uni- 
form laws on some subjects as to which uniformity of legislation is desirable. 
H. O. Weaver, L. G. Kinne, and Emlin McClain were appointed and each at- 
tended sessions of such commissioners and some of their recommendations are 
embodied in the reported code, with an explanation in each case of the source 
from which such provisions come. This work is still in progress with a prospect 
of very beneficial results. It is recommended that that commission, consisting 
of the same or other members, be continued, and that an appropriation be 
made to pay their expenses and provide a fund to be used in paying the proper 
share of the necessary printing. Thus far the members have paid their own 
expenses." — Eeport of the Code Commission, pp. 6, 7. 

26 Code of 1897, Preface, p. iv. 

27 Eeport of the Code Commission, 1896, title page. 



HISTORY OF Till] COOKS OF IOWA LAW :J71 



State National Law School at Pouglikeepsie, New York. In 
addition, he attended the Ohio State and Union College at 
Portland, Ohio, and graduated therefrom on the first day of 
July, 1856. Shortly afterwards, Mr. Winslow located at 
Newton and began the practice of the law. In 1862 he was 
selected as District Attorney for the Sixth Judicial District, 
which position he filled until 1866. From 1869 until 1870 he 
served as a judge on the Circuit Court and from 1875 until 
1878 as a judge of the District Court. 28 He died on Decem- 
ber 11, 1899. 29 

The Secretary of the Commission was Mr. Charles Baker 
of Iowa City, who was born at Saratoga, New York, on 
January 18, 1843. At an early age he removed to Wisconsin 
and served from 1861 until the close of the Civil War in 
Company "I" of the Fourth Wisconsin Volunteer Infantry. 
After the close of the war he removed to Iowa City, where 
he studied law and later located. Mr. Baker died at Iowa 
City on July 1, 1910. 30 

John Y. Stone of Glenwood, one of the House appointees 
to the Commission, was also born in 1843, on the twenty- 
third day of April, near Springfield, Illinois. 31 In 1856 he 
removed to Iowa and later, during the war, enlisted in the 
Fifteenth Iowa Volunteer Infantry. He served in the 
House of Representatives during the Twelfth, Thirteenth, 
Sixteenth, and Seventeenth General Assemblies, acting as 
Speaker in the year 1878; and in the Senate during the 
Fourteenth and Fifteenth General Assemblies. From 1889 

28 Iowa Official Register, 1911-12, pp. 144, 145. 

29 Brief biographical sketches of Judge Horace S. Winslow may be found in 
the Annals of Iowa, 3rd Series, Vol. IV, p. 320 ; Proceedings of the Iowa State 
Bar Association, 1900, pp. 99-104; and The Bench and Bar of Iowa, 1901, pp. 
384-389. 

30 Very little of a biographical nature is to be found concerning Mr. Baker. 
A short sketch of his life may be found in Proceedings of the Iowa State Bar 
Association, 1911, pp. 22, 23. 

si Gue's History of Iowa, Vol. IV, p. 252. 



372 IOWA JOURNAL OF HISTORY AND POLITICS 



until 1895 Mr. Stone was the Attorney General of Iowa. 32 
He is a Republican in politics. 

Horatio F. Dale, who was appointed to the commission 
by the Supreme Court, was born and educated in England. 
Removing to this country about 1870 he located at Dubuque 
and studied law until 1874, when he removed to Corning. 
In 1892 Mr. Dale removed to Des Moines. 33 

The most distinguished member of the Commission, how- 
ever, was Mr. Justice Emlin McClain of Iowa City, who was 
appointed by the Senate. Judge McClain was born at 
Salem, Ohio, on November 26, 1851. In 1855 his parents 
removed to Tipton, Iowa, where he received his preliminary 
education. After spending some time at the Wilton Acad- 
emy he entered the State University of Iowa and graduated 
from the Law Department in 1873. 34 Later in the same 
year Judge McClain began the practice of law in Des 
Moines. McClain' s Code of 1880 was prepared while he 
was thus engaged in practice. In 1881 he became a profes- 
sor of law in the Law College at Iowa City and six years 
later he was made Vice-Chancellor. Three years thereafter 
he became Chancellor and for over ten years he held this 
responsible position. In 1901 he was elected to the Supreme 
Court of Iowa and filled this high post with eminent success 
for two terms. 35 In addition to the positions enumerated, 
Judge McClain has membership in the American Bar Asso- 
ciation and has efficiently served the State on various 
occasions. 36 

32 Iowa Official Register, 1911-12, pp. 112, 125, 146. 

33 The Courts and Legal Profession of Iowa, Vol. I, p. 396. Little seems to 
be in print concerning the career of Mr. Dale. 

34 The Iowa Alumnus, Alumni Register Number, 1911, p. 136. 

35 Iowa Official Register, 1911-12, p. 140. 

36 Among these labors have been the annotation of the Code of 1897 and the 
supplements thereto, and acting as one of the Iowa Commissioners on uniform 
legislation in 1894. 



HISTORY OP THE CODES OF IOWA LAW 373 



His writings on jurisprudence are very voluminous and are 
widely known. 37 

The above Commissioners individually, at first, went over 
the entire Code of 1873 and all the general statutes from 
1873 to 1894 and then met in general session, ' ' incorporat- 
ing all amendments which have been made, omitting all pro- 
visions which have been repealed or are obsolete, and in 
general making the expression of the law correspond to its 
present legal effect." 38 The results of their labor was com- 
prised in two volumes : one, a Proposed Code; and the other, 
the Report of the Code Commission, which explained the - 
Proposed Code. S9 

BEPORT OF THE CODE COMMISSION 

The Report of the Code Commission is a small book of 
one hundred sixty-three pages which accompanies the Pro- 
posed Code. The general report, which occupies the first 
seven pages of this book, gives an account of the labors of 
the Commission. 40 Although empowered to propose new 
legislation the Commission exercised this power sparingly 
and in commenting thereon it remarked that 6 i in the exer- 
cise of the duty of rewriting the law and improving its 
phraseology, the Commission has made many verbal 
changes, but has done so with great care in order that the 
meaning of the statutes should not be thereby materially 
changed. ... It has therefore recommended some 
changes, having in view, however, the unification and per- 

37 For sketches on the life of Chief Justice Emlin McClain see The Courts 
and Legal Profession in Iowa, Vol. I, pp. 397-399 ; The Bench and Bar of Iowa, 
1901, pp. 269-271; Gue's History of Iowa, Vol. IV, pp. 173, 174; and Who's 
Who in America, 1912-1913, p. 1319. A bibliography of his writings and also 
a short sketch of his career may be found in The HawTceye, Class of 1913, State 
University of Iowa, 1912, Vol. XXII, pp. 361, 362. 

38 Report of the Code Commission, 1896, p. 1. 
ss Code of 1897, Preface, p. iv. 

40 The Report of the Code Commission is also contained in the Iowa Docu- 
ments, 1896, Vol. III. 



374 IOWA JOURNAL OF HISTORY AND POLITICS 



fection of the system of the written law as it now is, rather 
than the enlargement of it or its change in material mat- 
ters." 41 

The Commission further explained that it had adopted a 
complete code, which it had had printed in the form of 
separate bills, ready for enactment, and that these had been 
bound together to form the Proposed Code. It also stated 
the manner in which new or rewritten portions were under- 
scored so as to enable anyone to distinguish the new from 
the existing law. Under the authority of law the Commis- 
sion omitted much that was superfluous and made many 
transpositions of words and phrases. In some instances 
these changes were so numerous that the entire chapter was 
underscored. 42 

The two bills referred by the Senate to the Commission 
for its consideration — one concerning the revenue and 
taxation laws, and the other providing for the adoption of 
the Torrens system of land titles — were discussed. Quite 
an extensive report was made on the revenue bill, 43 but it 
was not thought advisable to incorporate the Torrens sys- 
tem into the Proposed Code.** At the end of this general 
report there is a recommendation relative to the manner of 
considering the Proposed Code, which is of interest in view 
of the many ideas which were later expressed in the General 
Assembly as to how the Code should be considered. The 
Commission suggested that : 

With the view of facilitating the action upon this report by the 
General Assembly, it is respectfully suggested that without re- 
ferring the different portions to the several committees of each 
body, a joint committee be appointed by the two Houses to consider 
and report as a whole, propose such changes as they may find in 

41 Report of the Code Commission, 1896, pp. 1, 2. 

42 Report of the Code Commission, 1896, pp. 3, 4. 

43 Report of the Code Commission, 1896, pp. 45-53. 

44 Report of the Code Commission, 1896, p. 6. 



HISTORY OF THE CODES OF IOWA LAW 375 



their judgment necessary, and take charge of the passage of the 
successive titles in the form of bills, and that from the beginning of 
its session the General Assembly set apart four days of each week 
for the consideration of the various titles as they may be reported 
to them by this joint committee, until the adoption of the entire code 
is completed. It is suggested that this is the only method by which 
the work can be accomplished at the regular session and that it can 
be successfully accomplished in this way without materially inter- 
fering with the general legislation, or greatly prolonging the session. 
Any general legislation which may be found necessary during the 
session can be passed in the form of separate bills and incorporated 
by the editor in the proper places in the code before the final 
numbering of the chapters and sections. 45 

Beginning with page ten there is an "Accompanying Re- 
port ' ' in explanation of the reported code. Wherever there 
is any change of a material natnre the change is explained 
and defects in the existing law are commented upon. There 
are in some instances new or substitute acts proposed in 
place of or supplemental to those in the Proposed Code. 46 
Title five, which concerned city and town government, was 
considerably changed, the Commission declaring : 

The chapter of the Code on cities and towns has been expanded 
by subsequent legislation into many times the bulk of the original 
statutory law on the subject, and has, therefore, been made a separ- 
ate title and divided into chapters. The plan of the Code chapter 
has proven entirely too narrow for the subsequent legislation, and 
as a result the whole law of the subject has been thrown by subse- 
quent enactments into inextricable confusion. The Commission has, 
therefore, felt justified in taking radical measures for the purpose 
of securing some intelligible system, not only for the present re- 
vision, but to serve as a basis for future legislation on the subject. 47 

Section six of chapter two of this title provided that all 
municipal elections should occur on the first Monday in 

45 Report of the Code Commission, 1896, p. 7. 

46 Report of the Code Commission, 1896, p. 23. Another example may be 
found on p. 35. 

47 Report of the Code Commission, 1896, p. 26. 



376 IOWA JOURNAL OF HISTORY AND POLITICS 



April which change was made for the purpose of securing 
uniformity. 48 The law relating to sewer and street im- 
provement was declared to be in the greatest confusion. 
An attempt was made to reduce the bulk of legislation upon 
these subjects, but from the table of legislative acts which 
is incorporated in the report, the difficulty of such a task is 
readily apparent. 49 

The title on revenue receives a great deal of attention in 
the report, the Senate revenue bill of the Twenty-fourth 
General Assembly having been referred to the Code Com- 
mission, as was also the report of the Revenue Commission 
of 1892. The latter commission, among other provisions, 
had recommended an elaborate inheritance tax law, but the 
Code Commission did not deem it wise to adopt this recom- 
mendation. 50 

One of the sections which was recommended for adoption 
was Section 4294 of the Revision of 1860 which seems to 
have been omitted from the Code of 1873 through inad- 
vertence. This section provided that if any person break 
from the penitentiary he should be imprisoned for five years 
more after the termination of his original sentence. 51 
Another new section which was based upon the statutes in 
force in Illinois and New York was aimed at "book- 
makers ' ' and other gambling institutions. 52 One section in 
the chapter on "Pardons and the Remission of Fines and 
Forfeitures ' ' provided that the Governor might commute a 
death sentence to imprisonment in the penitentiary for 
life. 53 

In an appendix may be found tables showing where the 

48 Report of the Code Commission, 1896, p. 29. 

49 Report of the Code Commission, 1896, pp. 33-35. 
so Report of the Code Commission, 1896, p. 50. 

si Report of the Code Commission, 1896, p. 126. 

52 Report of the Code Commission, 1896, section 34, p. 126. 

53 Report of the Code Commission, 1896, p. 135. 



HISTORY OP TH K CODUS OK IOWA LAW 377 



various sections of McClain's Code may be found in the 
Proposed Code, both by page and section. Similar tables 
show where the various chapters of the laws of the Twenty- 
third to Twenty-fifth General Assemblies may be found in 
this portion of the book. 54 

THE PROPOSED CODE 

The most important work of the Code Commission was 
the body of proposed bills which were to form the founda- 
tion for the Code of 1897. These were bound in a large 
quarto volume of 1031 pages, which was known as the 
' ' Black Code" from the color of the binding. 55 

Each title is printed in the form of a separate bill, thus 
following the method adopted in the preparation of the 
Code of 1873. Within each title the chapters are numbered 
consecutively as are also sections within each chapter. 
Whenever a section is new or is substantially rewritten it is 
underscored. One can thus tell at a glance whether the 
portion is existing law or the work of the Commissioners. 
At the end of a majority of the sections are numbers en- 
closed in brackets, which refer to McClain's Annotated Code 
of 1888. Citations were made to this work since it contained 
most of the legislation of the period and was easy to obtain 
for reference purposes. 56 

To enumerate all the changes outlined in the Proposed 
Code would make a very voluminous article and would serve 
no useful purpose. Only a few of the more important 
changes will therefore be noted. The chapter relating to 

54 Report of the Code Commission, 1896, pp. 139-163. 

The pages of this volume were the same size as the files on which the 
legislative bills are printed, about 12%x9% inches. The binder's title is 
1 1 Proposed Eevision of the Code of Iowa — 1896 ' \ The title ' ' Black Code ' ' 
is the popular title and it is so called in the Check List of the Publications of 
the State of Iowa, p. 34. The title Proposed Code has been used by the writer 
to avoid confusion. 

56 Proposed Code, 1896, Explanatory Note. 



378 IOWA JOURNAL OF HISTORY AND POLITICS 



the census is one that was totally rewritten. 57 The chapter 
concerning the Clerk of the Supreme Court 58 was very 
largely recast, as is also Title V, relating to city and town 
government. 59 The larger part of Title XII, dealing with 
the police of the State, was remoulded and rewritten. 60 
The election law contains provisions for the Australian 
ballot and a form of blank ballot. 61 

The greatest number of changes occured in part one, 
which covers nearly six hundred pages of the report. The 
majority of the changes in part two, which contains private 
law, appear to be of a minor nature. In parts three and 
four there are comparatively few changes. The indeter- 
minate sentence law is to be found in the latter part of part 
four and is one of the important parts of the Criminal 
Code. 62 At the close of the volume is to be found a table 
of corrections and a table of contents. 

LEGISLATIVE ACTION UPON THE EEPORT 

The Twenty-sixth General Assembly began its session on 
January 13, 1896. 63 Three days later Governor F. M. 
Drake delivered his inaugural address. In it he declared : 

The last general assembly created a commission of five men, 
learned in the law, to revise and recodify the statutes of the state. 
This commission has completed its work, and its report will come 
before you for consideration. It is of vast importance, affecting 
as it does every interest in the state. This being the case, I need 
not urge upon you to give it a thorough examination and careful 
consideration. 

Allow me to suggest that the laws pertaining to contracts should 

57 Proposed Code, 1896, pp. 37, 38. 
ss Proposed Code, 1896, pp. 46, 47. 

59 Proposed Code, 1896, pp. 125-194. 

60 Proposed Code, 1896, pp. 437-530. 
ei Proposed Code, 1896, pp. 203-224. 

62 Proposed Code, 1896, pp. 1016, 1017. 

63 Iowa Official Eegister, 1911-12, p. 125. 



HISTORY OF TIIK CODUtt OK IOWA LAW 379 



be made, so far as possible;, to avoid technicalities, and so simplified 
as to be within the comprehension of ordinary minds. If this can 
be done, much in the way of litigation will be avoided, the work of 
courts and juries lessened, and the burdens of taxation lightened. 04 

On the day before the above address was delivered, how- 
ever, Mr. James H. Funk of Iowa Falls offered the follow- 
ing resolution, which was adopted : 

Resolved, That a committee of seven (7) be appointed by the 
Speaker to recommend a plan for the consideration of the report of 
the Code Commission, and that the committee report as soon as 
possible. 65 

The Speaker accordingly appointed Mr. James H. Funk 
v of Iowa Falls, Mr. M. L. Temple of Osceola, Mr. H. K. 
Evans of Corydon, Mr. Charles L. Early of Sac City, Mr. 
W. W. Cornwall of Spencer, Mr. Claude R. Porter of Cen- 
terville, and Mr. Harry 0. Weaver of Wapello. 66 

The members of this committee were not of the same 
mind as to how the code report should be considered and a 
majority and a minority report were submitted. A partial 
report, submitted in behalf of the majority by Mr. M. L. 
Temple, and signed by all except Mr. Charles L. Early, 
provided that a committee of twenty-five members, to be 
known as the Code Revision Committee, should be appoint- 
ed. The duties of such standing committee were to 6 'sub- 
divide said report and assign different parts and titles 
thereof to the proper standing committees of the House, 
and shall duly report such assignments to the House, which 
body shall retain the power to refer to the regular standing 
committees, or the Code Revision Committee, any bills in- 
troduced or any parts of the report of the Code Commis- 
sion." 67 

Shambaugh 's Messages and Proclamations of the Governors of Iowa, Vol. 
VII, p. 114. 

65 House Journal, 1896, p. 23. 

66 House Journal, 1896, p. 26. 

67 House Journal, 1896, p. 30. 



380 IOWA JOURNAL OF HISTORY AND POLITICS 

Mr. Chas. L. Early presented a minority report which 
provided for the appointment of a joint commission of 
three members from each house who should divide the 
Proposed Code as nearly as possible into five sections of 
equal importance and report their action to the two houses. 
Thereupon, the presiding officer of each house would ap- 
point five special committees of five members each, which 
would be known as the first, second, third, fourth, and fifth 
divisions of the Code Revision Committee. Before a final 
recommendation the five committees were to form a ' ' Com- 
mittee of the Whole and concurrently report to the two 
Houses". 68 

On the following day the committee again submitted ma- 
jority and minority reports which were very similar to the 
two reports just described. 69 Mr. James H. Funk, however, 
had joined with Mr. Early in recommending the adoption of 
the minority report. 70 

On the 18th of January, 1896, there was submitted in the 
House a resolution which was a modification of the plan 
proposed by Mr. Charles L. Early a few days previously. 71 
After several substitutes had been offered and voted down 
the resolution was adopted. 72 The Speaker of the House 
accordingly appointed W. S. Allen, J. H. Funk, W. W. Corn- 
wall, M. L. Temple, and H. H. Brighton a committee of five 
to divide and assign the parts of the report of the Code 
Commission. 73 These gentlemen, on the day after their 
appointment to the Committee on the Distribution of the 
Code, introduced House Files Nos. 2 to 27, inclusive, which 

68 Mouse Journal, 1896, pp. 30, 31. 

69 House Journal, 1896, pp. 35, 36. 

70 The House ordered 500 copies of the minority report to be printed. — 
House Journal, 1896, p. 37. 

71 House Journal, 1896, pp. 38, 39. 

72 House Journal, 1896, pp. 39-42. 

73 House Journal, 1896, p. 46. 



HISTORY OF THE COOKS OF IOWA LAW ;J81 



were the twenty-six bills prepared by the Code Commission, 
each bill containing a title. 74 Later in the same day they 
made the following assignment which was approved : 

First division, House Files Nos. 2, 3, 4, 10, 17, 18, and 27 ; 
second division, House Files Nos. 5, 11, 12, and 19; third 
division, House Files Nos. 6, 13, 20, 21, and 22 ; fourth di- 
vision, House Files Nos. 7, 14, 23, 24, and 25 ; fifth division, 
House Files Nos. 8, 9, 15, 16, and 26. 75 

On the following day the Speaker announced the standing 
committees of the House and the various divisions of the 
Committee on the Revision of the Code. 76 

74 House Journal, 1896, pp. 54-57. 
, 75 House Journal, 1896, p. 59. This report was printed for the use of the 
members. 

76 House Journal, 1896, pp. 70-79. 

The Judiciary Committee consisted of the following representatives: W. W. 
Cornwall of Spencer, W. S. Allen of Birmingham, C. C. Dowell of Des Moines, 
Harry O. Weaver of Wapello, Parley Finch of Humboldt, M. L. Temple of 
Osceola, H. H. Brighton of Fairfield, H. K. Evans of Corydon, C. F. Johnston 
of Sheffield, J. F. Lavender of Eockwell City, William C. McArthur of Burling- 
ton, Francis McNulty of Sioux City, S. Mayne of Bancroft, J. T. P. Power of 
Keokuk, N. A. Merrell of De Witt, O. A. Byington of Iowa City, and Claude R. 
Porter of Center ville. 

The committees on the revision of the Code were as follows: 
First Division — M. L. Temple of Osceola, H. J. Griswold of Winthrop, 
J. F. Eeed of Nevada, H. H. Brighton of Fairfield, J. W. Lauder of Afton, 
H J. Nietert of Walker, and N. A. Merrell of De Witt. 

Second Division — W. S. Allen of Birmingham, W. W. Cornwall of Spencer, 
William C. McArthur of Burlington, R. T. St. John of Riceville, M. K. Whelan 
of Estherville, G. N. Haugen of Northwood, and F. B. Manahan of Le Mars. 

Third Division -Parley Finch of Humboldt, John Morrison of Hedrick, 
Z H Gurley of Lamoni, H. K. Evans of Corydon, Francis McNulty of Sioux 
City, A. L. Wood of St. Charles, and O. O. Tibbitts of Sumner. 

Fourth Division — M. H. Brinton of Ellsworth, C. F. Johnston of Sheffield 
C C. Dowell of Des Moines, James H. Funk of Iowa Falls, W. G. Ray of 
Grinnell, J. D. Morrison of Reinbeck, and Claude R. Porter of Centerville. 

Fifth Pinion -Harry O. Weaver of Wapello, S. Mayne of Bancroft, 
Charles L. Early of Sac City, William B. Bell of Washington, J F. Lavender 
of Rockwell City, W. B. Martin of Greenfield, and L. F. Potter of Oakland 

Mr E M Allen acted as clerk to the second division, Mr. O. V. Miracle to 
the fourth division, and Mr. J. M. McLaughlin to the fifth division. 



382 IOWA JOURNAL OF HISTORY AND POLITICS 



Early in the session a concurrent resolution was received 
from the Senate providing that any code of laws or any 
revision prepared under authority of the General Assembly, 
should "be properly and carefully annotated, and show in 
connection with each section the decisions of the Supreme 
Court relative thereto." 77 This was referred to the Code 
Commission for further action. 78 Nothing, however, seems 
to have been done by this Commission in that respect. 

On January 29, 1896, a concurrent resolution calling on 
the Secretary of State to distribute three copies of the 
report of the Code Commission, along with three copies of 
the Proposed Code, to each member of the General As- 
sembly was adopted in the House. 79 On the same day Mr. 
W. W. Cornwall offered a resolution which was adopted 
and which required each division of the Committee on Re- 
vision to report the number of their titles with the various 
chapters and the page of each in the Proposed Code. 80 The 
various sub-divisions reported as ordered 81 and from time 
to time submitted reports on the bills assigned to them. 82 

By the middle of February the House evidently began to 
realize the hugeness of the task before it, and Mr. 0. E. 
Doubleday of Elkhart offered the following resolution : 

Whereas, There is a difference of opinion as to the best method 
of acting on or adopting any part of the commissioner's Code; and 

77 House Journal, 1896, p. 67. 

78 House Journal, 1896, p. 86. 

Mr. Parley Finch early in the session had offered the following resolution 
concerning the consideration of bills, which had been adopted : ' 1 That all bills 
introduced in the House to repeal, amend, or in any manner affect existing 
statutes shall, on the margin or at the foot of said bill, refer to the page of 
the proposed code where said law to be so repealed or amended can be found". 
— House Journal, 1896, p. 48. 

79 House Journal, 1896, pp. 95, 97. 
so House Journal, 1896, p. 97. 

si House Journal, 1896, pp. 102, 103, 122, 123, 141-143, 146, 147, and 158- 
160. 

82 House Journal, 1896, pp. 357, 386. 



HISTORY OF THE CODES OF IOWA LAW 383 

Whereas, I believe the members of the General Assembly honestly 
want to get through with the business coming before them as 
rapidly as possible ; therefore, be it 

Resolved, by the House, the Senate concurring; That whenever 
any standing committee approve any chapter or title, and have 
incorporated in said chapter or title all acts approved by the 
Twenty-sixth General Assembly referring to such chapter or title, 
the chapter or title of the commissioners' Code so approved, on 
being referred to either House of the General Assembly shall be 
considered and acted on in its order, and when approved by both 
Houses and signed by the Governor shall be considered as a part 
of the New Code. 83 

This resolution, however, does not appear to have been 
adopted. Nearly a month later another resolution was pro- 
posed which provided that ' 'after March 27 no business be 
considered by this assembly except that pertaining to the 
Code, and that final adjournment be fixed for Wednesday, 
April 15. ' ' 84 This proposal was also ' ' laid over under Rule 
No. 34". On March 14th, Mr. Doubleday again attempted 
to hurry the work on the Code by offering a resolution 
calling on the House of Eepresentatives to hold a two-hour 
session every afternoon ' 1 for the consideration and passing 
of the titles of the Code on which the proper committees 
have acted and reported passage." 85 

On the 25th of March, however, a direct attempt was 
made to postpone action on the Code in a resolution offered 
by Mr. S. N. Hinman of Belmond, which reads: "Resolved, 
That all further consideration of the report of the Code 
Committee be postponed until the completion of the regular 
work of this session." 86 On the following day the House 
voted on the question of an adjourned session, but Judge 
0. A. Byington of Iowa City offered a substitute resolution 

83 House Journal, 1896, p. 383. 

84 House Journal, 1896, p. 745. 

85 Rouse Journal, 1896, p. 767. 

86 House Journal, 1896, p. 879. 



384 IOWA JOURNAL OF HISTORY AND POLITICS 



which declared that the Twenty-sixth General Assembly- 
would complete and adopt the Code before adjournment. 
This resolution carried by a vote of 55 to 39. 87 Several 
members filed written explanations of their vote, among 
them being W. S. Allen, who declared that he voted against 
the substitute because he thought it nothing but a dilatory 
measure which would place the members in a false light. 88 

Immediately after the adoption of this resolution two 
others were introduced calling for information as to the 
progress of the work of revision, but they were both laid on 
the table. 89 On the 27th Mr. H. B. Watters moved to re- 
consider the vote on the Byington resolution and this was 
seconded by Mr. J. J. Lowry. 90 On the same day Mr. F. F. 
Merriam of Delaware County proposed that after March 
31st the House should consider ' ' only appropriation bills, 
bills granting claims against the state reported favorably 
by the Committee on Claims, and the proposed Code, and 
that no other bills be considered unless taken up by consent 
of the entire House." 91 

On March 27th, during the discussion relative to adjourn- 
ment, two bills had been introduced in the House for the 
purpose of paying the Code Commission and the clerk of 
the Commission. 92 After having been considered by the 
Committee on Appropriations they were recommended for 
indefinite postponement. 93 

On April 3rd the question of adjournment was again 
raised in the House by a resolution received from the Senate 
fixing April 11, 1896, as the time when the two houses should 

87 House Journal, 1896, pp. 889, 890. 

88 House Journal, 1896, p. 891. 

89 House Journal, 1896, p. 891. 

so House Journal, 1896, p. 896. A similar motion is to be found on p. 909. 

91 House Journal, 1896, pp. 901, 902. 

92 House Journal, 1896, p. 900. 

93 House Journal, 1896, p. 968. 



HISTORY OF THE CODES OF IOWA LAW 



385 



adjourn sine die. This resolution was adopted by a ma- 
jority of twenty votes, several voting "aye" in order that 
they might move for a reconsideration. 94 Later, however, 
the following concurrent resolution was received from the 
Senate and passed on April 11, 1896 : 95 

Whereas, The people of the State of Iowa have deemed it ad- 
visable to codify and revise the statutes of the State, and the 
Twenty-fifth General Assembly in obedience to the will of the peo- 
ple as interpreted by them, appointed a commission to do said work 
and make report thereof to the Twenty-sixth General Assembly for 
their action ; and 

Whereas, Said commission after two years labor reported to the 
Twenty-sixth General Assembly a proposed Code of over one thou- 
sand pages, containing a revision and codification of the statutes of 
the State, and this Assembly has entered into an examination and 
discussion thereof, and has now been in session the customary 
period and has not been able to pass upon more than one-half of 
said report up to the present time for the reasons : 

First. — That the Assembly has been compelled to consider mat- 
ters of original legislation presented in 950 bills in addition to the 
aforesaid Code work. 

Second. — For the reason that the revision requires an examina- 
tion of the Code of 1873 and the acts of eleven General Assemblies, 
the Fifteenth to Twenty-fifth inclusive, and the work of examining 
and comparing the proposed Code with existing statutes is slow and 
laborious. 

Third. — For the reason that the commission embodied in the 
reported Code numerous changes from existing law, which changes 
have compelled the Assembly to consume time in their examination 
and discussion ; and 

Whereas, Doubts have arisen as to the accuracy of the revision 
of certain chapters and titles, and it is deemed unwise to pass the 
same until ample time can be given the people of the State to ex- 
amine and compare the proposed Code with existing law ; and, 

Whereas, The proposed Code was not published until December, 
1895, and little opportunity was given for such examination and 

94 House Journal, 1896, pp. 1003, 1004. 
»5 House Journal, 1896, p. 1197. 

vol. xi — 25 



386 IOWA JOURNAL OF HISTORY AND POLITICS 



comparison by any one prior to the convening of this General As- 
sembly; and, 

Whereas, The future value of the revision depends upon the care 
exercised in the work, and its importance demands ample time for 
thorough consideration, and the exclusion of original legislation is 
necessary while the proposed revision is under discussion ; therefore, 
be it 

Resolved by the Senate, the House concurring, That we deem it 
impossible, under existing circumstances, to complete the work of 
Code revision at this or any other regular session, or any reasonable 
extension of the present session, in a manner that would be satis- 
factory and acceptable and just to the people of the State. 

That the propriety and expediency of Code revision cannot now 
be questioned, and the work, if thoroughly done, will be of lasting 
value to the State. 

That we deem it advisable to secure the benefit of the knowledge 
and experience acquired by this Assembly in the work of the Code 
revision, and the benefit of the work done by them, and believe it to 
be for the welfare of the State and in the interest of economy that 
the work be completed at as early a date as practicable, and not 
later than January, 1897. 96 

Near the close of the session a resolution was spread on 
the minutes declaring that in the case of an extra or ad- 
journed session, the House would retain its present clerical 
force. 97 The House adjourned sine die on April 11, 1896, 98 
though a great many petitions had been received opposing 
such action. 99 

In the Senate there does not appear to have been as much 
uncertainty as to the method of procedure in regard to the 
consideration of the report of the Commissioners as in the 
House. On the first day of the session Senator William B. 
Perrin of Nashua offered the following resolution: "Re- 
solved, That there be a committee of the Senate to be known 

96 House Journal, 1896, pp. 1180, 1181. 

97 House Journal, 1896, p. 1212. 

98 House Journal, 1896, p. 1225. 

99 Senate Journal, 1896, pp. 531, 543, 551, 565, 566, 574, 575, 602, 615. 



HISTORY OF T 1 1 K CODKS OF IOWA LAW 



387 



as the Code Revision Committee, appointed by the Presi- 
dent of the Senate." 100 As there were objections to this 
resolution at the time it was laid over until the following 
day and again introduced. 101 Senator L. A. Ellis of Clinton 
wanted to amend the resolution by having the presiding 
officer of the Senate appoint fifteen members and the 
Speaker of the House twenty-five members, who should con- 
stitute a Code Revision Committee. This committee should 
assign the various parts of the report to the standing com- 
mittees, but the houses were to retain the power to refer 
any bills as they deemed fit. 102 

For this amendment Senator W. H. Berry of Indianola 
proposed the following substitute : 

Resolved, That a committee of fifteen be appointed by the chair, 
to be known as the Code Committee, whose duty shall be : 

First. — To recommend to the Senate the assignment of the differ- 
ent parts of the Code of Iowa as reported to the General Assembly 
by the Code Commission to the several standing committees, except 
titles 17 and 18. 

Second.— To have charge of titles 17 and 18 of the code as re- 
ported by the Code Commission, and to which shall be referred all 
matters introduced, which shall relate to the subjects of said titles 
17 and 18. 

Third. — Such other matters as may be referred to it by the 
Senate. 103 

Senator Thomas A. Cheshire of Des Moines desired that 
all these resolutions be laid over and that they be also 
printed. Senator James H. Trewin, however, offered an 
amendment to the Cheshire motion which provided that the 

100 Senate Journal, 1896, p. 10. 

101 Senate Journal, 1896, p. 16. 

102 Senate Journal, 1896, p. 16. Senator Trewin, who is now a resident of 
Cedar Eapids, was one of the leading advocates of codification. On the second 
day of the session he introduced a resolution to distribute three copies of the 
Proposed Code and the accompanying report to each member of the General 
Assembly. — Senate Journal, 1896, p. 14. 

103 Senate Journal, 1896, p. 16. 



388 IOWA JOURNAL OF HISTORY AND POLITICS 



question "be referred to a committee of seven, to report to 
the Senate to-morrow a plan for the consideration of the 
report of the Code Commission.'' 104 This amendment was 
received with favor and the President appointed James H. 
Trewin, L. A. Ellis, W. H. Berry, N. M. Pusey, T. Gr. Harper, 
L. C. Blanchard, and Joseph M. Junkin on such com- 
mittee. 105 

When the Committee reported on the following day it 
proposed the following resolution : 

Be it resolved by the Senate, That there is hereby created a stand- 
ing committee of fifteen (15) members to continue during the 
Twenty-sixth General Assembly, and to be known as the Code Re- 
vision Committee, and to which shall be referred the report of the 
Code Commission. 

Said committee shall sub-divide said report and assign different 
parts and titles thereof to the proper standing committees of the 
Senate, and shall duly report such assignments to the Senate, which 
body shall retain the power to refer to the regular standing com- 
mittees or the Code Revision Committee any bills introduced, or 
any parts of the report of the Code Commission. Said Code Re- 
vision Committee may confer with any like committee of the House, 
and may concur in reports to the respective bodies. 106 

This resolution, upon the motion of Mr. B. F. Carroll, 
was adopted. On the following day, therefore, Lieutenant 
Governor Matt Parrott appointed the Senate standing com- 
mittees and the following gentlemen were placed on the 
Committee for the Revision of the Code : 107 C. A. Carpenter 
of Columbus Junction, Chairman, James H. Trewin of 

104 Senate Journal, 1896, pp. 16, 17. 

105 Senate Journal, 1896, p. 17. 
loe Senate Journal, 1896, p. 23. 

107 in his first address to the Senate Lieutenant Governor Matt Parrott said : 
"In addition to the ordinary legislation of a session, you are called upon to 
consider the report of the commission provided by the Twenty-fifth General 
Assembly to revise the Code of Iowa. The completed report is before you, and 
throws additional as well as very grave responsibilities on you. The prepara- 
tion and final completion of the work involves a large expenditure to the State, 



HISTORY OF TIIK CODES OF TOWA LAW <M) 



Lansing, N. M. Pusey of Council Bluffs, George M. Craig of 
Allison, J. L. Carney of Marshalltown, W. H. Berry of 
Indianola, J. S. Lothrop of Sioux City, Joseph M. Junkin of 
Red Oak, Alva C. Hobart of Cherokee, A. B. Funk of Spirit 
Lake, G. S. Gilbertson of Forest City, H. L. Waterman of 
Ottumwa, John E. Rowen of Clarion, Cyrus S. Ranck of 
Iowa City, and T. G. Harper of Burlington. 108 

The committee thus appointed was one of unusual ability 
and its membership contained some of the leading lawyers 
and practitioners in the State. 

On the 20th of January the Code Revision Committee 
made a report in which the various titles were assigned to 
the Senate standing committees, and at the same time it 
introduced Senate Files Nos. 45 to 64 inclusive, which were 
bills i ' to revise, amend and codify the laws in relation to ' ' 
the various titles embraced in the Proposed Code. 109 

and the value of your labors the future will have to determine. If the passing 
years demonstrate that you have acted wisely and well the reward will be 
yours. Stability in our laws is the desideratum to be desired. Haste in the 
consideration of this report, therefore, should not dominate, but thoroughness 
rather, and I believe this will be your collective view." — Senate Journal, 
1896, p. 30. 

108 Senate Journal, 1896, p. 35. 

The Judiciary Committee, which always plays an important part in the 
making of laws, consisted of Lyman A. Ellis of Clinton, Thomas A. Cheshire 
of Des Moines, William Eaton of Sidney, C. A. Carpenter of Columbus Junc- 
tion, William B. Perrin of Nashua, Julian Phelps of Atlantic, C. C. Upton of 
Cresco, W. F. Harriman of Hampton, L. C. Blanchard of Oskaloosa, W. O. 
Mitchell of Corning, F. O. Ellison of Anamosa, Thomas D. Healy of Fort 
Dodge, T. G. Harper of Burlington, Cyrus S. Eanck of Iowa City, and Eobert 
Bonson of Dubuque. 

109 Senate Journal, 1896, pp. 56-59. 

The Committee on Code Eevision also introduced code bills as follows : Senate 
Files Nos. 80 to 104, 388 to 390, 420 to 422.— Senate Journal, 1896, pp. 74-76, 
492, 493, 615. The Committee on Schools introduced code bills in Senate Files 
Nos. 433 to 438 — Senate Journal, 1896, pp. 694, 695. Eeports of the Com- 
mittee on Code Eevision on bills assigned to it may be found in the Senate 
Journal, 1896, pp. 126, 184, 362, 406, 476, 496, 497, 541, 582, 584, 594, 595, 617, 
and 618. The large number of amendments to the Code of 1873 are listed on 
pages 970-973. 



390 IOWA JOURNAL OF HISTORY AND POLITICS 



Early in the session a resolution offered by Senator J. L. 
Carney of Marshalltown raised the question of annotation. 
On the 22nd of January he proposed a concurrent resolu- 
tion providing that any code or revision prepared under the 
direction of the General Assembly should be annotated. 110 
This resolution was adopted in the Senate, but no action 
appears to have been taken on it in the House. 111 

On February 4, 1896, Senator Blanchard, a member of 
the Judiciary Committee, presented a concurrent resolution 
which shows that at this early date in the session there were 
members who did not deem it possible or advisable to com- 
plete the Code at the regular session. Though Senator 
Blanchard 's resolution was never adopted by the legislature 
it is here given in full : 

Whereas, The Twenty-fifth General Assembly created a Code 
Commission "to revise and codify the laws of Iowa," empowering 
such commission "to revise the same and divide them into appro- 
priate parts and arrange them under appropriate titles, chapters 
and sections; omit all parts repealed or obsolete, insert all amend- 
ments, and make the laws complete"; also "to change the phrase- 
ology and make any and all alterations necessary to improve, sys- 
tematize, harmonize and make the laws clear and intelligible ; ' ' and 

Whereas, Such Commission has construed the language of such 
act to authorize them to make any alterations and changes in the 
existing laws which they deemed proper or desirable, and have pre- 
pared a proposed Code, which is not merely a codification of exist- 
ing laws, but which omits a large portion of the existing laws and 
substitutes other proposed laws of different import, and have made 
innumerable alterations not only in the language, but in the spirit, 
purport and effect of the various statutes, the new matter being 
intermingled with the old in such a manner that it will require a 
vast amount of labor and much more time to properly consider it in 
detail so that intelligent actions can be had thereon than will be at 
the disposal of this General Assembly ; and 

Whereas, It is now apparent that it will be impossible for this 

no Senate Journal, 1896, p. 73. 
in See above, notes 77 and 78. 



HISTORY OF THE CODES OF IOWA LAW 391 



General Assembly to adopt a new Code, and that should the General 
Assembly go through the Code in detail, so many alterations will 
have been made including new legislation, that a new Code Com- 
mission will be required to complete the work ; therefore, 

Resolved, By the Senate, The House concurring, That no further 
consideration be given to the proposed Code during the present 
session, and at the close of the session a new commission of one or 
more members be appointed (by a properly prepared bill) to codify 
the existing laws without change or alteration, except to omit such 
laws as have been repealed, and arrange all existing public laws 
under proper titles, chapters and sections, thus compiling a Code 
of laws which will require no further action on the part of the 
General Assembly. 112 

A resolution providing that no bills be introduced after 
February 20, 1896, was referred to the Code Eevision Com- 
mittee, and tbey recommended a substitute which called for 
the introduction after that date of only legalizing acts and 
appropriation bills, but this also failed of passage. 113 

On April 9, 1896, Senator C. A. Carpenter introduced a 
concurrent resolution which has been quoted above in con- 
nection with the consideration of the report of the Code 
Commission in the House. The resolution stated that the 
General Assembly would be unable to complete the revision 
at the regular session, but that it should be adopted not later 
than January, 1897. 114 On the following day the resolution 
was adopted by the vote of 33 to 12. 115 One Senator, Mr. J. 
L. Carney, voted against the measure for the reason that he 
thought it was inviting the calling of an extra session. 116 
The House concurred in the action of the Senate and the 
consideration of the Code was thereupon dropped. 117 In 

112 Senate Journal, 1896, p. 125. 

113 Senate Journal, 1896, p. 166. 

114 Senate Journal, 1896, p. 866. 

us Senate Journal, 1896, pp. 923, 924. 

ii6 Some of the Senators made written explanations of their votes. 
n7 Senate Journal, 1896, p. 934. 



392 IOWA JOURNAL OF HISTORY AND POLITICS 



his closing remarks the President of the Senate spoke as 
follows : 

There may be a feeling of disappointment that all hoped for at 
the commencement of the session has not been accomplished, but 
this is inevitable. The value of your work cannot be measured by 
the number of bills passed. It is in the committee room where the 
best work is done, and this does not appear on the surface, nor do 
the public in general realize this. It is my judgment, after a some- 
what extended experience, that never has there been more faithful 
and earnest work performed by the committees. Your labors have 
been incessant, and I believe in time that the people will endorse 
with the seal of approval the meritorious work you have per- 
formed. 118 

The real work of adopting the report of the Code Com- 
missioners was thus delayed to a later session. 119 

NEWSPAPER COMMENT ON THE ACTION OF THE TWENTY-SIXTH 

GENERAL ASSEMBLY 

The action of the Twenty-sixth General Assembly was 
very fully chronicled in the newspapers of the State. 120 
Owing to the depleted condition of the treasury there seems 
to have been a general opinion that the legislature should 
complete its consideration of the report of the Code Com- 
missioners at the regular session and not put off the task. 121 

us Senate Journal, 1896, p. 963. 

us Senator Trewin introduced Senate File No. 160, which was a bill for an 
act to codify the school laws, but this also failed to pass. — Senate Journal, 
1896, pp. 118, 419, 679, and 704. Senate Files Nos. 439 and 440 relative to the 
payment of a balance to the Code Commission and the clerk of the Commission 
likewise failed to pass. — Senate Journal, 1896, pp. 695 and 873. 

120 In the preparation of this article the writer has selected, for obvious 
reasons, only three of the leading State papers from which to make his quota- 
tions. Two of these, representing the two leading political parties, were pub- 
lished in Des Moines, and the other was published at Burlington. A vast 
amount of material is to be found in other newspapers but could not be used 
in the limits of this paper. 

121 A cartoon in The Des Moines Weekly Leader, Thursday, January 30, 
1896, entitled "Will It Light" shows a carrion bird hovering over the State 
House, in the basement of which is printed "Treasury Empty". 



HISTORY OF TIIU COOKS OK IOWA LAW 393 



From the accounts in the newspapers it is possible to gain 
a view of the attitude of the public toward the legislative 
action on the Code in a better manner, perhaps, than in any 
other. 122 The plans which the two houses adopted for con- 
sidering the Code are very clearly set forth in the following 
statements from one of the leading capital city papers : 

The one important matter that the legislature has determined in 
the first week of the session, is the plan on which the code revision 
is to be handled. The house reached its determination of this 
important matter Saturday; the senate decided on its plan two or 
three days ago. 

The plan in the senate, briefly, is this: The committee of 
fifteen, heretofore appointed, shall take charge of the code as re- 
vised, and distribute it, by subjects, to the standing committees 
which ordinarily would have jurisdiction over the respective sub- 
jects. The regular committees are to go over the work in detail, 
compare the old and new codes, and prepare their reports on the 
matters recommended by the commissioners. The reports from 
these committees will be made directly to the senate, which will take 
its final action on them. 

The plan proposed for the house, adopted yesterday, is more 
complex, but those who have advocated it hold that it is better cal- 
culated for the management of so large a subject in so large a body 
as the house. The simpler system adopted by the senate might, 
from its very simplicity, open the way to too much discussion for a 
body with the membership of the house. Such, at least, is the argu- 
ment advanced by those who have pushed the house plan to 
adoption. 

It is proposed that the house shall have a general code committee 
of thirty-five. This committee shall be divided into five divisions, of 
seven members each. The code shall then be divided into five parts, 
as nearly as may be equal in importance and demands of time for 
their consideration. Each subdivision shall consider in detail the 
part referred to it; but this is limited by the provision that any 
regular standing committee may demand that any part of the code 

122 Articles concerning the Code may be found in The Iowa State Begister 
(weekly) of Des Moines, from February 6, 1896 to April 17, 1896, and in 
The Des Moines Weekly Leader from January 16, 1896 to April 16, 1896. 



394 IOWA JOURNAL OF HISTORY AND POLITICS 



referring to those subjects over which it ordinarily would have 
jurisdiction, be referred to it; in case of which demand, the parts 
demanded shall be given by the subdivision of the general code 
committee to the regular standing committee. 

The subdivisions will report directly to the house, as will also the 
standing committees on the parts which they consider. 123 

The greatest amount of discussion was aroused by ques-" 
tions connected with the provisions relating to railroads, 
manufactures, and the holding of an extra session. It was 
predicted early in the session that the work of revision could 
not be finished at the regular session. In general, it appears 
that the Democrats were favorable to an extra session, 
judging from the following article from a leading Demo- 
cratic paper : 

Senator Harper of Burlington, one of the leaders of the demo- 
cratic minority of the senate, and a member of the committee of 
fifteen on a plan for handling the code revision, is one of the leaders 
in the idea that an extra session of the legislature will be necessary 
before the code can be properly disposed of. Not only this, but he 
believes the extra session will have to be held, not at the close of the 
regular session, but a year hence. This for the reason that a large 
number of the members will be unable to spare the time from their 
private business after the conclusion of the regular session. 

"I am decidedly of the opinion," said Senator Harper, "that 
the state will demand of us to make haste slowly in this important 
matter. It is important that the code revision be made very care- 
fully. Besides this, we will find the regular business of the session 
pressing upon our attention. There are various matters of great 
importance to come before us, aside from the code revision. The 
question of resubmission is certain to demand our attention and 
take considerable time. The manufacturing bill will come up, and 
those members who are in favor of it will at least make their 
strongest fight in its behalf. Personally, I am doubtful about the 
success of the manufacturing bill. I anticipate that resubmission 
will be defeated. Should it carry, I feel that there is serious danger 
that the amendment might be adopted. I know there are many who 

123 The Des Moines WeeMy Leader, Thursday, January 23, 1896, p. 4. 



HISTORY OF THE CODES OK IOWA LAW 395 



believe this impossible; but the fact remains that a very Large ele- 
ment of the people in Iowa believe that prohibition is right; and 
there is another element whose number is hard to estimate that 
would vote for the amendment, not so much because they regard 
constitutional prohibition as the best method of dealing with the 
liquor question, but because they would consider the adoption of 
the amendment as a method of finally putting an end to the agita- 
tion that has been stirring up the state for so long." 124 

In another issue this same paper protests as follows 
against any gulping of the Code : 

The Leader has been one of those urging upon the legislature the 
folly and extravagance of an extra session. From the convening 
of the legislature to the present there has been scarce an issue which 
has not in some wise called the attention of the legislature to the 
fact that it would be necessary to show diligence to get through the 
ordinary work of the session and at the same time complete the 
code work. It has seen with regret that the legislature was not dis- 
posed to heed this advice, and that week after week has frittered 
away time over the age of consent bill and cigarette bills and similar 
legislation. 

But much as it deplores an extra session and much as it believes 
that there has been no reason for it, there are some things worse. 
Serious doubt has been thrown upon the integrity of certain por- 
tions of the Code Commission's report. It has been publicly charged 
that particularly the sections of the present code governing rail- 
roads and legislative amendments thereto, have been emasculated. 
If this be true and the Iowa railroad laws in any of its essential 
features have been surreptitiously attacked, rather than have the 
legislature gulp the new code whole in the closing hours of the ses- 
sion it would be infinitely better to have an extra session. 

The Leader, like all friends of public control of the railroads of 
the state, a policy to which the people of Iowa are thoroughly com- 
mitted, views with suspicion any attempts to change even the 
phraseology of the existing railroad laws. It sees no necessity why 
these laws should not stand, without material change, even in verbi- 
age. The courts in the past have never had great difficulty in get- 
ting at the legislative intent, and they would doubtless continue to 

124 The Des Moines Weekly Leader, Thursday, January 23, 1896, p. 3. 



396 IOWA JOURNAL OF HISTORY AND POLITICS 

do so in the future. Merely as a matter of caution the friends of 
public control will insist that if there is to be any gulping of the 
code whole that that swallowed shall be the existing laws rather 
than new ones, as to which there may be doubt of judicial inter- 
pretation. 125 

The Eepublican rival of the Leader, however, openly 
charged the Democrats with desiring an extra session in 
order to bring the Eepublican party into disrepute. In a 
stinging article The Iowa State Register declared: 

The Leader is opposed to the new code, although it has professed 
to be in favor of it and is in favor of an extra session for the simple 
reason that it believes it would get the Republican party into a 
tangle. Perhaps the Leader is opposed to the new code for it pro- 
poses to tax certain banks in which the real proprietor of the Leader 
is interested. If the corporations are favoring the new code it is 
news to us. We profess we are astonished to hear such statements 
made. The Register is in favor of a new code if it will leave the 
laws practically as they are. It doesn't want any sudden, new 
fangled theories introduced. Especially is it opposed to increasing 
assessments in order that the tax eaters may increase both 
the taxes wrung out of the people and the constitutional in- 
debtedness laid upon their shoulders. If a new code, very like the 
old code, only simplified and rearranged, can be adopted, let us have 
it. If not, let us have an early adjournment and no extra session. 
What is not done with the code at this session will remain undone 
until the next regular session. 126 

The Clarkson paper was unusually bitter against the 
report of the Code Commission and when Senator Blanch- 
ard introduced his resolution to drop the consideration of 
the Code it made the following comment : 

The people of Iowa are in favor of the prompt adoption of Sen- 
ator Blanchard's resolution which provides that "no further con- 
sideration be given to the proposed code during the present ses- 
sion," and for "a new commission of one member" "to codify the 
existing laws without change or alteration, except to omit such laws 

125 The Des Moines WeeMy Leader, Thursday, March 19, 1896, p. 4. 

126 The Iowa State Begister (Des Moines) , Friday, March 20, 1896. 



HISTORY OF TIIK CODES OF IOWA LAW :>>97 



as have been repealed," and to properly arrange all existing laws 
and thus compile "a code of laws which will require no further 
action on the part of the general assembly "— provided the word 
' 'present" be inserted before the words "general assembly," and 
provision be made for the submission of the code thus codified to the 
next legislature. Not a single state interest will suffer by the post- 
ponement of the code revision for another two years and many 
thousands of dollars of wholly unnecessary expense can thus be 
prevented from adding to the burdens of the state treasury. 

The Republican legislators should promptly decide that there 
shall be no extra session, no increase in assessed valuation, no in- 
crease in rate of taxation, no revision of the code, and no over- 
appropriations by the present general assembly, and then proceed 
with the real and pressing business of the term which can be wholly 
completed within eight weeks. 127 

Another article which shows the Register's hostile atti- 
tude toward the report of the Code Commissioners reads : 

The code commissioners' revision is on its death bed and the 
legislature's most important duty is to promptly kill it beyond all 
possibility of resurrection. That revision was born in iniquity, 
reared to be able to speak for itself in its provisions for increasing 
litigation in every chapter and in almost every section, and the 
fight being made for the prolongation of its existence is partly for 
personal gain. The commissioners' revision cost the state treasury 
$36,000, the additional costs added by the present legislature is 
about $14,000 — a total of $50,000 worse than thrown away — and 
it is still costing the state about $1000 per day, for the legislature is 
doing little else than considering the revision and keeping an army 
of clerks and employes at labor thereon. All the doctors are des- 
perately endeavoring to save the life of the moribund revision, but 

127 The Iowa State Eegister (Des Moines), Thursday, February 6, 1896, p. 4. 
In a column headed "In General and Particular" in the above issue are sev- 
eral paragraphs relative to the Code. * 1 Senator Blanchard 's resolution reads 
well and it hits off the new code in about the right way. Everyone in Iowa 
would be in favor of putting the new revision in the waste basket — were it 
not for the fact that the state has invested $30,000 in it, mostly in salaries. 
We understand there are even some back salaries claimed for extra time put 
into the work of rewriting the laws of Iowa." 

"In the case of the code commission all gall was divided into five, instead 
of three parts." 



398 IOWA JOURNAL OF HISTORY AND POLITICS 



it will die, as it ought to die, and it ought to be promptly killed so 
as to save all further expense in its consideration. Let it die quick- 
ly and be buried under the unanimous contempt of public opinion. 
Every day's delay in killing it will cost the state treasury an addi- 
tional $1000. Kill it quickly and then proceed with the real and 
pressing business of the term. 1 28 

Other newspapers, however, took the view that the re- 
vision was a task too great to be accomplished at the regular 
session, even by a body as capable as the members of the 
Twenty-sixth General Assembly. One paper summarizes 
the situation in these words : 

While a revision of the code failed, together with an attempt at 
an independent revision of the revenue laws, it is unjust to charge 
the members of the assembly with unusual lack of industry. The 
Leader is of the belief that the code might have been finished at this 
session by protracting its duration, and the heavy expenses of an 
extra session avoided. That it was not is due more to the compli- 
cated form in which the proposed revision was presented, which 
caused a fear of its integrity, than to real lack of energy on the part 
of the members. This is especially true of the house, in which the 
committee work on the code was nearly completed, and in which it 
would have been completed but for the determination some time ago 
to abandon it. 129 

THE CALL FOE AN EXTKA SESSION 

The resolution which had passed both houses of the legis- 
lature stated that it was deemed advisable to complete the 
work on the code not later than January, 1897. It had also 
declared that such a result would be for the best interests 
of the State. 130 This, in effect, relieved the legislature from 
the responsibility of insisting on an adjourned session while 
it cast upon the Governor the blame should an extra session 
be called. At the same time it invited the chief executive to 
call such a session. 

128 The Iowa State Begister (Des Moines), Friday, February 14, 1896. 

129 The Des Moines Weekly Leader, Thursday, April 16, 1896, p. 4. 

130 Senate Journal, 1896, p. 866. 



HISTORY OF THE CO I) MS OF IOWA LAW 399 



During- the summer of 1896, however, several events oc- 
curred which made it very necessary that an extra session 
be called. Four of the State institutions were damaged by 
fire and storm, the damage at one reaching $125,000 and 
seriously crippling the efficiency of the plant. 131 Conse- 
quently, on November 7, 1896, Governor Drake issued the 
following call : 

Whereas, The People of Iowa, speaking through the General As- 
sembly, have declared it to be advisable that the statutes of the 
state be revised and codified anew; and in accordance with that 
expression the Twenty-fifth General Assembly provided for the 
appointment of a commission to make such revision, and to make 
report to the Twenty-sixth General Assembly; which report was 
duly made at a large expense to the state ; and 

Whereas, The Twenty-sixth General Assembly has had the same 
under consideration and has found itself unable to complete the 
work of codification within the customary limits of a regular ses- 
sion ; and has so declared itself ; and 

Whereas, Much work has been done upon the proposed code by 
the committees of that General Assembly, making the members 
more or less acquainted with its provisions, which work must be 
done anew, if the codification were postponed until another General 
Assembly; .... 

Now therefore, concurring in the views expressed by the General 
Assembly, as above stated, and believing moreover that experience 
has demonstrated that a codification of the laws of the state can 
best be made at a session devoted especially to that work .... 
deeming that an extraordinary occasion has arisen such as is con- 
templated in the constitution, do hereby convene the General As- 
sembly of the state of Iowa in special session, to be begun and held 
on Tuesday, the nineteenth day of January, A. D., 1897, at 10 
o 'clock, A. M., then to proceed with the consideration of the matters 
herein before set forth. 132 

131 These events are enumerated in the extra session message of Governor 
Drake, found in Shambaugh's Messages and Proclamations of the Governors of 
Iowa, Vol. VII, pp. 191-197. 

132 Shambaugh's Messages and Proclamations of the Governors of Iowa, Vol. 
VII, pp. 225-227. 



400 IOWA JOURNAL OF HISTORY AND POLITICS 



Accordingly on January 19, 1897, the Twenty-sixth Gen- 
eral Assembly convened in extra session and continued 
until May 11th, when it took a recess until July 1st, finally 
adjourning on July 2, 1897. The session proved longer than 
was expected, owing to the many important changes made 
in the statutes. The laws took effect ninety days after final 
adjournment. 133 

In his extra session message Governor Drake enlarged 
on the subject of the Code as follows : 

A learned and industrious commission has prepared a revision of 
existing statutes, and put them, with such changes and modifica- 
tions as to the commission seemed advisable, in codified form, in 
which shape the result of their labors has been before you for more 
than a year. An opportunity has thus been afforded the members 
of the General Assembly, and to some extent the people at large, to 
familiarize themselves with the new measures proposed, with the 
enactments the omission of which is contemplated, with the amend- 
ments which are suggested to existing statutes, and with the form 
which it is proposed to give the body of our statute laws. Therefore, 
the members of the General Assembly come together prepared, I 
doubt not, with the aid of the mature deliberation they have been 
enabled to give to the work, promptly to expedite the business for 
which the session has been called. 

It is gratifying to know that many of the existing laws of this 
commonwealth have been so founded in wisdom as to commend 
themselves to statesmen and publicists of not only our sister states, 
but other lands. Our state officers receive not a few testimonials 
to this effect. I may mention the legislation pertaining to railroads, 
to insurance, to dairy interests, and to oil inspection. Let us hope 
that the matters you have in hand will show a still stronger develop- 
ment of legislation thus found to commend itself. 

It is unnecessary for me to remind the General Assembly that the 
people of the state are expecting the session to be of brief duration, 
and I doubt not that you are, as their representatives, in full sym- 
pathy with that feeling. Permit me to express the hope that your 
deliberations will eventuate in a Code of Laws that will give satis- 

133 Code of 1897, Preface, pp. iv, v. 



HISTORY OF THE CODES OF IOWA LAW 401 



faction to the people, while it will anew commend the legislation of 
this great Commonwealth to approval beyond our borders. 134 

In forecasting the action of the legislature The Des 
Moines Weekly Leader declared that there were two views 
of what should be done. One group, headed by Governor 
Drake, maintained that the legislature should confine its 
activities strictly to those subjects enumerated in the call, 
while the other group wanted the General Assembly to 
consider any and all subjects of legislative importance. 
The Leader thought that the " strict constructionists ' ' 
would seek to pass a resolution that would limit legislative 
activity, but should this happen the various interests would 
force the legislators to enact new laws by way of amend- 
ments to the Commissioners ' report. 135 In fact, the Senate 
Committee on Code Revision instructed its chairman, Mr. 
C. A. Carpenter, to "present .... a resolution that 
no bills will be allowed to be admitted except relating direct- 
ly to code work or to the suggestions of the governor's 
message." 136 

The Iowa State Register, in noting the convening of the 

extra session declared that : 

The members can make a good impression upon the people by re- 
maining diligently at their work until Saturday night and resuming 
it on Monday morning. There will be no junkets this year for there 
is no need of them and we believe that the members will be showing 
a fine realization of public sentiment if they will work without the 
customary visits to their homes. They are here on urgent business 
— or else why an "extraordinary" session? — and the best thing 
that can be done is to treat the session from first to last, as such. 
Last winter the members were fulsome in their statements that 30 
days, 40 at most, would suffice for the code work. Now let there be 
a remembrance of those promises and a fulfillment of them. Let 

134 Shambaugh 's Messages and Proclamations of the Governors of Iowa, Vol. 
VII, pp. 191-197. 

135 The Des Moines Weekly Leader, Thursday, January 14, 1897, p. 4. 

136 The Des Moines Weekly Leader, Thursday, January 21, 1897, p. 1. 

vol. xi — 26 



402 IOWA JOURNAL OF HISTORY AND POLITICS 



there be no evasions of those promises now, now that ' ' we are here 
anyhow ' \ 1 37 

LEGISLATIVE ACTION AT THE EXTRA SESSION 

Shortly after the opening of the extra session, on J anuary 
19, 1897, the Speaker of the House appointed five code com- 
mittees 138 and shortly afterwards Mr. W. W. Cornwall 
moved that the committee on the distribution of the pro- 
posed 6 i Code Revision of the regular session" be ordered to 
reintroduce the Code into the House and make the same dis- 
tribution thereof as had been made at the regular session. 139 

On the second day of the session Mr. F. F. Merriam 
offered a resolution which was adopted, providing that a 
joint committee of ten should be appointed 4 'to arrange the 
division of the proposed Code into bills for the purpose of 
introduction into the respective Houses." 140 This resolu- 
tion also passed the Senate on the same day. 141 The mem- 
bers appointed by the Speaker of the House were W. S. 
Allen, J. H. Funk, W. W. Cornwall, M. L. Temple, and H. H. 
Brighton, two of whom were chairmen of the House Code 
Revision Committees. 142 President Parrott of the Senate 
appointed Senators N. M. Pusey, H. L. Waterman, W. H. 
Berry, A. B. Funk, and C. S. Ranck. 143 

137 The Iowa State Eegister (Des Moines), Friday, January 22, 1897. 

138 These committees had about twenty members each, a list of whom can be 
found in House Journal, 1897, pp. 3, 4. Their place and time of meeting may 
be found on pp. 31, 32. On the afternoon of this day Mr. J. T. P. Power pro- 
posed that each chapter be introduced as a distinct bill, while Mr. Parley 
Finch proposed that each committee in reporting any part of the Proposed 
Code mark on the margin of the bill the place where such parts could be 
found in former codes. Both resolutions were laid over for further considera- 
tion. — House Journal, 1897, p. 29. 

139 House Journal, 1897, p. 5. 

140 House Journal, 1897, p. 30. 

141 House Journal, 1897, p. 34. 

142 House Journal, 1897, p. 36. 

143 Senate Journal, 1897, p. 36. 



HISTORY OF TIIK CODES OF TOWA LAW 



On January 22nd the commissioners who had been sent to 
the interstate meeting on uniform legislation reported to 
the General Assembly, stating that it was too late to in- 
corporate their report in that of the Code Commission and 
consequently they were reporting directly to the General 
Assembly. 144 The reform upon which they laid especial 
emphasis was the uniform negotiable instruments act. 145 

On January 23, 1897, Mr. Parley Finch introduced a reso- 
lution which called for a committee of five whose duties 
should be "to designate where the laws of the Twenty-sixth 
General Assembly of a general nature be incorporated in 
the new code." 146 This was adopted two days later in the 
House, 147 but failed of concurrence in the Senate. 148 In the 
meantime, however, a concurrent resolution which had 
originated in the Senate was adopted by both Houses. It 
provided that the joint committee of ten above referred to 
should report to the two houses a common plan for the 
adoption of the titles and chapters of the Proposed Code. 149 

The work of considering the report of the Code Commis- 
sion was begun early in the extra session and the reports of 
five divisions of the Code Revision Committee are to be 
found in the proceedings of the first week of the session. 150 
Various code bills were also introduced during this pe- 
riod. 151 

144 House Journal, 1897, p. 50. The report was signed by L. Gr. Kinne, Emlin 
McClain, and H. O. Weaver. 

145 This subject will be mentioned under the discussion of the supplements to 
the Code. 

146 House Journal, 1897, p. 62. 

147 House Journal, 1897, p. 65. 

148 House Journal, 1897, p. 77. 

149 House Journal, 1897, p. 65. 

iso House Journal, 1897, pp. 52, 53, 54, 55, 68, 69, 70, etc. 

isi Code bills introduced in the House may be found in the House Journal, 
1897, pp. 43-57, 74, 75, 361, 364, 378, 550, 737, and 818. Senate code bills 
received in the House are to be found in the House Journal, 1897, pp. 130, 152, 
204, 263, 268, 291, 362, 384, 529, 576, etc. 



404 IOWA JOURNAL OF HISTORY AND POLITICS 



The general laws enacted at the regular session of the 
Twenty-sixth General Assembly needed to be included in 
the Code as it would be enacted, so Mr. 0. A. Byington of 
Iowa City offered a resolution on January 22nd, providing 
that a committee of five should distribute the various laws 
"to the appropriate Code revision committees''. 152 This 
committee, which consisted of 0. A. Byington, Samuel 
Mayne, H. K. Evans, John T. P. Power, and W. I. Hayes, 
reported eight days later, on January 30, 1897, assigning 
all the laws of a general nature to the five committees. 153 

On January 30, 1897, a concurrent resolution was received 
in the House from the Senate which provided that the com- 
mittee appointed to divide the Proposed Code into chapters 
be continued and instructed to report what means "if any, 
can be devised whereby time may not be consumed in un- 
necessary reading of the several bills in each House." 154 
After the resolution had been adopted in the House the 
joint committee reported on February 9th, making both a 
majority and a minority report. The majority reported 
that they were in favor of rushing the work to completion, 
but they recommended "that each bill should have a full 
reading in each house before the vote thereon is taken. m55 
The minority report, signed by Mr. M. L. Temple, suggested 
that each bill be read by title only and that nothing except 
amendments be read before the vote on the bill. 156 

Two weeks had now elapsed since the opening of the 

152 House Journal, 1897, p. 51. 

153 Souse Journal, 1897, p. 109. 

154 House Journal, 1897, p. 112. 

155 House Journal, 1897, pp. 171-174. 
ise House Journal, 1897, pp. 174-177. 

On the 2nd of February the following concurrent resolution was adopted by 
the House: Eesolved, "that the committees of the two Houses to which have 
been referred the several Code bills, shall refer before reporting said bills to 
their respective Houses, in order that an agreement may be had, if possible, on 
said bills before they are reported." House Journal, 1897, p. 129. 



HISTORY OP THE CODES OF IOWA LAW 405 



extra session and much had been accomplished in the way 
of committee work. One writer declared that : 

The legislature has completed the second week of the special 
session, and is now fairly down to routine work on the code. It is 
pretty well established that no effort will be made to introduce 
extraneous subjects of radical character into the code work. The 
revision will be made with the design of restoring, generally, as 
nearly as possible, the words of the old laws, and many changes 
have been made in this direction. 

The session will not be a short one. Nobody now expects a six 
weeks' session to complete the work, although many ventured the 
opinion at the beginning that this would be ample. The general 
opinion is now that twelve weeks of good work will be needed to 
complete the code. But with this conviction has come a feeling of 
confidence that when it is done the work will be a creditable one, 
and that the time will have been well spent. 157 

On February 6, 1897, Mr. David Brant of Cedar Eapids 
offered a resolution calling upon the Secretary of State to 
secure a copyright on the codified laws which were then 
being enacted. 158 The purpose evidently was to prevent the 
publication of a private edition which would seriously affect 
the sale of the official work. 159 The resolution was adopted 
in the House on the ninth of February, 160 but does not ap- 
pear to have ever been reported from the Committee on 
Code Eevision to which it was referred in the Senate. 161 
The Code, however, was copyrighted by the Editor, E. C. 
Ebersole, as provided by law. 

157 The Des Moines Weekly Leader, Thursday, February 4, 1897, p. 2. Other 
articles concerning the Code are to be found in this paper during the extra 
session, from January 21, 1897 to May 13, 1897. 

158 House Journal, 1897, p. 160. 

159 Owing to the failure to copyright the Code of 1873 a private edition was 
quickly placed on the market — See Powell's History of the Codes of Iowa 
Law in The Iowa Journal of History and Politics, Vol. XI, pp. 218, 219. 

160 House Journal, 1897, p. 179. 

161 The question of copyrighting, however, was considered at some length in 
the Senate and this action will be discussed later. See Code of 1897, p. 3. 



406 IOWA JOURNAL OF HISTORY AND POLITICS 



Early in February there appears to have been a consider- 
able amount of discussion concerning the annotation of the 
Code. Strong arguments were advanced on both sides of 
the question. The following enlightening article on this 
subject appeared in one of the Des Moines newspapers, 
under the heading Annotating the Code: 

After we get the code, what are we to do with it? This is a 
question already seriously asked. It seems that when the legislature 
shall have completed its labors and shall have conned to its satis- 
faction the various sections, that the state will have by no means 
reached the end of the expense. The code must have an editor, we 
are told, and be carefully edited and indexed, and perhaps anno- 
tated, before it is given to the public — all of which of course must 
be paid for by the public. 

It is admitted that it will be necessary to edit and index the code, 
but as to annotation there is doubt. In favor of annotation one 
optimistic gentleman, with a cast of mind clearly entitling him to 
be engaged in the next campaign as result predictor, has figured it 
out that if the state will only annotate the code it will be able to 
sell many thousand copies, at prices which will in large part repay 
the state for the expense of code revision and publication. These 
figures have had an attractive look and many have been wooed by 
them. But now comes ex-Supreme Court Reporter Ebersole, who is 
a candidate for code editor, with a long circular letter in which he 
shivers the annotation proposal. The point of the letter is that 
annotation could not be accomplished by one man within the consti- 
tutional time for the code to go into effect. Mr. Ebersole says that 
the sovereign state of Iowa would hardly wish to steal the annota- 
tion of the McClain or Miller codes, and that mere paraphrasing 
also would not do ; that to annotate the new code de novo would re- 
quire the most painstaking search through the 100 odd volumes of 
the Iowa code and the most laborious work in bringing into the text, 
following each section, the holdings of the supreme court with refer- 
ence thereto. This would not be the work of months but of years, 
and in view of this fact the state, certainly not wanting to plagiar- 
ize from either Miller or McClain, may profitably let the annotation 
scheme drop. An annotation commission following the code com- 
mission would be a severe dose. It may much be doubted whether, 



HISTORY OF THE CODES OF IOWA LAW 407 



after it was annotated, if the code would "pay out," even for this 
part of its preparation. The lawyers of the state, after having been 
obliged in the matter of having had a new code mode for them, with 
its opportunities for increased litigation, may properly be asked to 
hustle their own annotations. The burden should not be shifted 

upon the public. 

Even as to indexing it does not seem that it should be necessary 
to go to a large expense and get a high priced editor. The index 
of the new code will not be much different from the index of the 
old one. The arrangement into chapters is about the same, the 
sections as far as possible have been preserved, the subjects treated 
are practically the same, and with the old index as a dummy it 
should not be the great and erudite task some would have us believe 
to amend the index. When the code was first indexed the task was 
a large one, but for the new code most of the work is already done 
and only necessary changes need be made. The legislature should 
be cautious about authorizing new code expenditures. It has cost 
a good deal already. Under present circumstances it would be 
perhaps unwise to undertake annotation, and for the mere me- 
chanical editing and indexing it is not necessary to go to great 
expense. 162 

162 The Des Moines WeeTcly Leader, Thursday, February 11, 1897, p. 4. 

In a letter to the writer bearing date of January 18, 1913, Mr. E. C. Eber- 
sole declared that he had not been able to find a copy of this letter but would 
state the facts relating to it from memory. After stating that he was espe- 
cially interested in the bill, owing to the preparation of the encyclopedia of 
law on which he had labored for years, and having had an experience of eight 
years as Reporter of the Supreme Court, he continues : 

"When I considered the bill I concluded that it was impracticable. The 
code was to be annotated, and was to be in print the first of the next October. 
I thought it my duty to express my opinion to the members of the general 
assembly, and thus possibly save the state from great inconvenience. There- 
fore I prepared and had printed a rather lengthy letter and mailed a copy to 
each member of the legislative body. I was rewarded by receiving promptly 
a good many letters and telegrams of appreciation. 

i < The chief point of my letter was that no number of annotaters could pre- 
pare the annotations in proper manner within the time allotted. Men of 
experience in such work would not be available, and new men would hardly 
learn how before the annotations would be called for by the printer. There 
were other reasons why I thought the work could not be completed within the 
time, but I do not now clearly recall them. . . . 

"I was elected editor by the unanimous vote of the general assembly, and 
entered upon my duties as soon as it adjourned. I knew that I had an almost 



408 IOWA JOURNAL OF HISTORY AND POLITICS 



On February 22, 1897, Mr. H. K. Evans of Corydon of- 
fered a concurrent resolution in the House which provided 
for the appointment of a joint committee of two members 
from the House and one from the Senate, who were to per- 
form various duties. 163 Among these duties were to ascer- 
tain the cost of printing and binding five, ten, fifteen, and 
twenty thousand copies of the Code without annotations, to 
determine how soon these volumes could be prepared, to 
consult with the Attorney General and find out whether it 
would be advisable to copyright the Code, and to report a 
bill for editing and indexing. When this resolution was 
called up for consideration it was amended by having the 
membership increased to three from the House and two 

impossible task, and I worked hard through long hours. But I found that 
members of the general assembly who happened to be in the city, and others 
interested, would make frequent calls on me to see how it was progressing and 
to show their good will. This would have been delightful had I not realized, 
as they did not, that it would defeat the work. I had no time to be a 'good 
fellow', which I much regretted, but not so much as I would regret a failure 
to get the code out on time. It must be borne in mind that all prior laws 
stood repealed October first, and that if the code was not out the courts would 
be without statute law for the time. To head off this interference I published 
a printed statement showing the condition of the work, and stating clearly that 
unless I could have my time without interruption it could not possibly be com- 
pleted on time. This was a hard dose for me to administer, but it 'worked'. 

f< In my work as editor I discovered some serious discrepancies in the new 
statutes, especially affecting cities under special charters, and I made note of 
them, and called the attention of the city attorneys of the cities of this class 
thereto, so that when the general assembly met in its last and special session, 
or rather adjourned session, ending July 2nd, 1897, everything was prepared 
for the adjustment of these discrepancies, and for the correction of a few 
palpable errors which had also been discovered. 

"I trust that when the code is again revised sufficient time will be allowed 
to do the work without the extreme pressure that was felt in the editing and 
publishing of the Code of 1897. That it was finally published within the 
prescribed time I regard as a lucky accident rather than a normal accomplish- 
ment. Any person at all familiar with such work will understand this when 
the magnitude of the work is considered, and it is remembered that it was all 
done between the last part of May and the first day of October. Matters of 
such importance should be done with reasonable deliberation, and the great 
State of Iowa is well able to pay for the best that can be produced." 

163 House Journal, 1897, p. 288. 



HISTORY OF THE CODES OK IOWA LAW 409 



from the Senate. 104 Accordingly, L. A. Ellis and J. E. 
Trewin were appointed from the Senate and H. K. Evans, 
C. C. Dowell, and Walter I. Hayes from the House. 105 This 
committee reported on April 2, 1897, at considerable length, 
recommending that the State publish an annotated Code in 
an edition of 15,000 copies. The cost of the first edition was 
estimated at $2.25 per volume. In connection with the re- 
port were two lengthy opinions from the Attorney General 
in which he gave his opinion in regard to the right of the 
State to copyright the Code, and also as to the time of taking 
effect of the laws. In regard to the latter point he held that - 
the legislature had the power to determine the time at which 
the laws should take effect. 166 

At this point in the extra session newspaper comment 
was at its height. Current opinion seems to have been that 
the legislature should make the most of a bad job and finish 
the work as speedily as possible. The editor of The Bur- 
lington Hawk-Eye wrote as follows : 

A number of days of personal inspection during the past week of 
the work of the general assembly ; a study of its methods of legisla- 
tion and a knowledge of the aims and desires of the members, as 
freely expressed in private conversation, leads the editor of The 
Hawk-Eye to the conviction that good, honest, earnest work is being 
done by the peoples' representatives and inspires the confident 
belief that the result of their efforts will be gratifying to the people. 
The Hawk-Eye was originally opposed to an extra session, and it 
still questions the wisdom of a revision of the code at this time 
when the state could ill-afford the expense; but, revision, having 
been provided for by the previous general assembly and a vast 
amount of labor expended upon it by the code commission, at large 
cost to the state, there seemed to be no other course open to the 

is* House Journal, 1897, p. 294. 

165 Senate Journal, 1897, p. 733. Mr. H. K. Evans was the secretary of the 
committee. 

166 These reports may be found in the House Journal, 1897, pp. 681-694; and 
the Senate Journal, 1897, pp. 730-743. 



410 IOWA JOURNAL OF HISTORY AND POLITICS 

26th general assembly than to complete the task. Whether it might 
not have been better to let the work of the commission go unfinished 
was a debateable question last winter, but it is so no longer, as now 
the quickest way out of the perilous stream is to swim for the other 
shore. 

And, to complete the simile, the members are " swimming," with 
long and vigorous strokes. They are working diligently and faith- 
fully. Few of their constituents are doing harder work. No one 
can appreciate the magnitude and complexity of the task without 
personally visiting and watching the process of revision. The de- 
tails are innumerable and require the most scrupulous care to avoid 
errors. The previous labors of the code commission shaped the 
outline and greatly lessened the detail work; but in order to con- 
scientiously discharge their duty to the state the senators and 
representatives are giving their close personal attention to every 
item ; indeed, to every word and even the punctuation and the pos- 
sible variance of meaning in the phraseology. 

While The Hawk-Eye has urged, and still urges the expediting 
of the revision, it does not urge, and no citizen can rightly insist 
upon, haste at the expense of accuracy and completeness. The extra 
session will require at least three months time and the work, when 
finished, will be creditable to the state and to its faithful servants 
who are striving to make the new code as perfect as possible. The 
legislators are following conservative lines, avoiding radical changes 
and adhering closely to experience and the dictates of common 
sense. The product will be the best code the state ever had. 187 

A writer in a Des Moines paper declared : 

Four weeks of the session are past and the commonest prediction 
is that the adjournment will not be reached before April 15, and 
possibly May 1. The experience of the last week has not been en- 
couraging. The committees have shown that they can do work 
much faster than the house can pass bills. The senate, for instance, 
has devoted practically the working time of its sessions for the past 
four days to the elections bill, and that measure is not yet com- 
pleted, and some parts of it that have been adopted are in process 
of reconsideration. And it is an easy measure, compared to many 
in the revision. It has been found that, however carefully the 

167 The Burlington BawTc-Eye, Thursday, February 11, 1897. 



11IST0KY OK THE CODES OF IOWA LAW 411 



committees may do their work, there will be contests and lime- 
killing debates on the floor. Minor points are raised, despite the 
most skilful piloting, and they are made occasions for elaborate 
debates with which the members themselves are disgusted after 
they are over, but there is no help for it. 1 (i8 

About the time that the above was written the following 
article appeared in a Burlington paper : 

1 1 1 regard code revision as a great mistake, ' ' remarked a leading 
Burlington lawyer to The Hawk-Eye a few days ago. ' ' There was 
no real need for it. "We were getting along very well under our 
present code; many of the statutes had been passed upon in the 
courts and the community had adjusted itself to settled conditions. 
Now everything will be unsettled, and it will be a long time before 
the real status of Iowa law will be fixed. I admit it will be a good 
thing for the lawyers, a very good thing, giving them increased 
business, but it is bad for the public, and as a citizen I regret the 
revision. ' ' 

Apropos of this view from the standpoint of a lawyer is the fol- 
lowing from the Iowa Capital : 

"A member who has been looking up the acts of the legislature 
of 1874 remarked upon the fact that the session laws of that year 
were crowded with little amendments of the Code that had been 
passed in the extra session of 1873. So many errors had crept into 
it by hasty consideration that it kept the legislature busy the next 
session correcting these mistakes. The same thing is likely to occur 
this time, only as there are so many more laws the mistakes are 
likely to be more numerous. It is inevitable in the consideration of 
such a large amount of matter. This member thought that it should 
be a warning to the members to be very careful in their work." 169 

After the joint committee had reported as above noted it 
introduced House File No. 95, which was a bill for an act to 
provide for the annotation, indexing, editing, publishing, 
and distributing of the Code. 170 This, along with a similar 
house bill, was indefinitely postponed. 171 The question of 

168 The Des Moines Weekly Leader, Thursday, February 18, 1897, p. 2. 

169 The Burlington Hawlc-Eye, Thursday, February 18, 1897, p. 4. 

170 House Journal, 1897, pp. 694, 754, 772, and 1006. 

171 House File No. 116, in House Journal, 1897, pp. 1080, 1082. 



412 IOWA JOURNAL OF HISTORY AND POLITICS 



annotating the code was only settled in the House after a 
long and hard struggle, in which Mr. S. Mayne of Bancroft 
sought to introduce a bill granting the work to Callaghan 
and Company of Chicago, the publishers of McClain's 
Code. 172 

Much discussion took place during the session in regard 
to printing the Code. Charges were made that the State 
Printer and the State Binder were charging exorbitant 
prices for the State work, and many editors were in favor 
of letting the Code work out by contract. 173 The legislature 
finally gave the task to the State Printer by a large vote, 
refusing to ask for bids. 174 The following is a newspaper 
comment on this action : 

The printing and binding of the new code should be by a contract, 
the lowest responsible bidder getting the work. The size of the 
volume, the number to be printed and the character of the contents 
being known, the specifications are at hand on which bids may be 
solicited. It is a single job and a large one. The edition is 15,000 
and the number of pages about 2,000. For the binding alone it is 

172 The substitute of Mr. Mayne is found in the House Journal, 1897, pp. 
830-833. It appears that Callaghan and Company had made an offer to the 
State to print the Code. At this time there was considerable agitation over the 
State printing question. The substitute proposed by Mr. Mayne was lost. The 
following quotation from The Iowa State Begister (Des Moines), of April 23, 
1897, is a comment upon this incident : 

" Confronted with the problem of annotating, publishing and distributing 
the proposed new code, and there being a bill pending for this work to be done 
by the state, the legislature has begun making inquiries concerning the cost of 
the work. Friday, McClain and Callaghan, publishers, of Chicago, the former 
being Chancellor McClain, of Iowa City, author of McClain's Code, made a 
proposition to publish for the use of the state 7000 copies of the code for 
$20,000. They agree that the books shall be printed on the best of white paper, 
bound in the best quality of law sheep and after the supply for the state is 
furnished, be put on the market for purchase by the public for $5 for each 
copy. ' ' 

173 A great deal concerning the State printing question may be found in the 
House Journal for 1897 and in The Iowa State Begister (Des Moines), from 
January to May, 1897. 

174 House Journal, 1897, pp. 812, 830, 848-854, 924, 925. The vote stood 20 
yeas and 73 nays on the Mayne substitute. 



HISTORY OK THIS CODUS OF IOWA I, AW 413 



proposed to give the state binder $1 per volume, or $15,000, and the 
typesetting, proof reading and press work arc additional. 

There is color of excuse for having a state printer do the miscel- 
laneous work of the state ; the kinds of work are so various that it 
is impossible, in every instance, to tell in advance what would be a 
fair price. But as to a $20,000 or $25,000 job, such as the printing 
and binding of the annotated code, with an editor at a large salary 
and assistants at $10 a day, the legislature has committed a great 
act of folly. Such a book will find no market. It will not be able to 
compete against the private annotation of the code. The private 
annotation of the code is a growth, the result of work extending over 
many years. It has the confidence of the legal profession, a con- 
fidence which a half-baked annotation, prepared hastily under the 
direction of some favorite of the legislature, cannot expect to gain 
until it has proven merit. At best the annotation of the code by the 
state is a woeful waste of money, and is a crowning blunder to the 
many the legislature has committed in code revision work. 

The legislature having made a mistake in ordering the annotation 
of the code, it will commit a grave abuse if it orders its printing 
and binding except under conditions to secure the work at the 
lowest market price. The state printer and binder pretend that 
they will get no profit at the prices proposed to be given them. If 
so, it is no unfriendliness to refuse them the work unless their 
prices are the lowest. But it is mere pretense that there is no profit 
in the code work. Their anxiety to prevent a letting under contract 
system proves that it is a pretense. Members of the legislature have 
said that they were desirous of getting the state's work done at the 
lowest possible prices. Here is an opportunity to make a trial. Let 
, the code be let by contract. Let bids be invited, and then let the 
legislature compare prices under the contract system with the prices 
under the favor system. 175 

Clarkson Brothers, who edited and published The Iowa 
State Register, were perhaps the most bitter of all the edi- 
tors of Iowa against the system of State printing. One of 
their articles reads as follows : 

At least 50,000 and perhaps 100,000 copies of Iowa's new code will 
be sold, if it is properly annotated, before the laws of Iowa are 

175 The Des Moines Weekly Leader, April 15, 1897, p. 4. 



414 IOWA JOURNAL OF HISTORY AND POLITICS 



again wholly revised. Iowa should annotate, copyright and publish 
her own code ; and can do so cheaply and profitably by letting her 
printing and binding to the lowest responsible bidders. Callaghan 
& Co., and other law book publishers, make a harvest field of Iowa 
because this state continues to pay enormous prices for state print- 
ing and binding. Callaghan & Co. have probably made at least 
$100,000 clear profits on "McClain's Annotated Statutes," and a 
large proportion of that profit should have gone into Iowa's state 
treasury. The only relief for Iowa from enormously extravagant 
prices for state binding and state printing, will be through letting 
all the state printing and binding to the lowest responsible bidders 
"under adequate and satisfactory security for the performance 
thereof," just as Michigan does and has been doing ever since the 
constitution of that state was adopted. 176 

In a later number the same paper declares : ' ' A level price 
of $1 for binding the new codes, 15,000 of them ! A $1 — 
that is what they bind single copies for, but when it comes to 
15,000 of them. Look out for innocent Senegambians of 
ebony hue." 177 

By two resolutions introduced on April 30, 1897, it was 
suggested that the editor of the Code, together with the 
House members of the supervising committee, be elected on 
the following Tuesday, May 4th. 178 Accordingly on the 
evening of that day the two houses met in joint session and 
gave a unanimous election to Mr. E. C. Ebersole of Tama 
County — there being 111 votes cast. 179 In the afternoon 
session the House elected Mr. Parley Finch, Mr. W. W. 
Cornwall, and Mr. J. T. P. Power as its members of the 
Code Supervising Committee. 180 Previously a resolution 
was adopted calling on the Code Supervising Committee to 

176 The Iowa State Register (Des Moines), Friday, March 5, 1897. 

177 The Iowa State Register (Des Moines), Friday, April 16, 1897. 

178 House Journal, 1897, pp. 935, 937. 

179 House Journal, 1897, pp. 981-983. 

iso House Journal, 1897, pp. 980, 981. Senators J. H. Trewin and L. A. Ellis 
were chosen from the Senate. 



HISTORY OK THE CODES OK IOWA LAW 415 

make an itemized statement of all its expenditures and 
submit the same to the Auditor of State. 1 81 

On May 5th a joint resolution was received from the 
Senate and passed by an overwhelming vote, allowing the 
use of the committee rooms in the capitol to the Code Super- 
vising Committee. In addition this committee was allowed 
necessary supplies such as stationery and stamps. 182 

At the close of the session the question of annotation 
again bobbed to the surface. The act authorizing the pub- 
lication and annotation of the Code authorized the employ- 
ment of not less than three annotators at $10 per day. 18:i 
The Code Supervising Committee saw the impracticability 
of this plan, owing to the short length of time allowed, and 
accordingly entered into negotiations with Mr. Emlin Mc-- 
Clain, who had the annotations very nearly up to date. Mr. 
McClain offered to annotate the Code for $7500 and to per- 
form certain other tasks in connection therewith. 184 On 
May 10th, therefore, the Supervising Committee asked 
that the original act be so changed as to enable them to 
accept Mr. McClain 's offer. The legislature accepted the 
view of the committee and passed the resolution as re- 
quested. 185 

On May 11, 1897, the legislature adjourned until July 1, 
1897, in order to give the Code Supervising Committee and 
the Code Editor time to complete their work within 90 
days after final adjournment, as the Constitution provided 
that all laws passed at an extra session should take effect 
ninety days after adjournment. 186 When the General As- 
sembly met pursuant to adjournment, on July 1st, Mr. Par- 

181 House Journal, 1897, p. 973. See also p. 977. 

182 House Journal, 1897, pp. 1000, 1003. 

183 Laws of Iowa, 1897, Ch. 20, Sec. 5, p. 24. 

184 House Journal, 1897, pp. 1057-1059. 

185 Laws of Iowa, 1897, pp. 47, 48. 

186 Co7istitution of Iowa, Art. 3, Sec. 26, in the Code of 1897, p. 86. 



416 IOWA JOURNAL OF HISTORY AND POLITICS 



ley Finch submitted a report from the Code Supervising 
Committee which is very interesting and instructive. The 
Committee had met on May 7th and had organized by elect- 
ing Mr. J. H. Trewin, Chairman; L. A. Ellis, Vice Chair- 
man, and Parley Finch, Secretary. They then explained 
the contract entered into with Mr. Emlin McClain, the 
method of doing the work, and closed their report by declar- 
ing that ' ' your committee is confident that the Code will be 
completed by October 1, 1897." 187 

In his speech at the close of the session Speaker H. W. 
Byers reviewed the history of the Code down to the close of 
the extra session. After tracing it through two sessions of 
the legislature he declared that the ' ' Black Code" was "a 
marvel of excellence and accuracy." 188 

The action of the House of Representatives on the Pro- 
posed Code at the extra session of the Twenty-sixth General 
Assembly was long and tedious. To follow its intricate 
details would be tedious and of small value, but it may be 
safely said that the House showed a commendable spirit of 
industry in dealing with the many and various questions 
brought before it. 189 

The action of the Senate upon the Proposed Code was 

187 House Journal, 1897, pp. 1078-1080. 

188 The Des Moines Weekly Leader, Thursday, May 13, 1897, p. 2. This may 
also be found in the Bouse Journal, 1897, pp. 1062-1066. 

189 The Des Moines Weekly Leader on Thursday, May 13, 1897, after calling 
attention to the fact that the session had extended over 113 days and was very 
long and expensive, and that the direct cost of the Code would not be much less 
than $300,000, declared that "the legislature seems to have worked hard", and 
remarked that: 

"Most of the work of the session was of an exceedingly dry and technical 
character, the consideration of the details of the laws in regard to which there 
is not dispute. Few changes, taken as a whole, have been made in the old laws. 
The statutes have been rewritten, and, it is claimed, simplified, the obsolete and 
the contradictory being eliminated, but for the most part the substance has not 
been altered. In view of this fact, there are many who now think that the 
whole movement for a new code was conceived in folly, and that the state 
lunged into entirely needless expense. " 



HISTORY OF THE COOKS OF IOWA LAW 417 



likewise very elaborate and intricate, and follows to a large 
degree the same plan as adopted in the House of Repre- 
sentatives. 190 On the first day of the session Senator L. A. 
Ellis presented two resolutions, one providing that no new 
subjects of legislation should be considered until the work 
on the Code was finished, except under certain considera- 
tions, and the other providing that eight men from the 
House and seven from the Senate be appointed to "select 
and determine the titles or parts of titles of the Code re- 
ported by the Code Commission, to be introduced in each 
body as House bills and Senate bills, and recommend a ■ 
course of procedure to facilitate the business of this legis- 
lature." Both of these resolutions were "laid over." 191 

On the second day of the session two more resolutions 
were offered dealing with the mode of procedure. Mr. C. A. 
Carpenter of the Code Revision Committee offered one 
which provided that the Senate should limit its action to 
certain measures. 192 Mr. J. H. Trewin suggested that the 
proposed revision be referred to the Committee on Code 
Revision, which should divide it and assign the different 
parts to the various standing committees, and this sugges- 
tion was adopted. 193 Shortly after Senator Trewin's reso- 
lution was referred a concurrent resolution was received 
from the House asking the appointment of a joint committee 
of ten to arrange for considering the Code. This was like- 
wise referred to a committee and, upon a favorable report, 
was adopted by the Senate. 194 

190 The general laws passed are enumerated in the Senate Journal, 1897, p. 
1215. A partial list of the code bills introduced into the Senate may be found 
on pages 43-46 and 53-56. 

191 Senate Journal, 1897, p. 32. 

192 Senate Journal, 1897, p. 33. 

193 Senate Journal, 1897, p. 33. 

194 Senate Journal, 1897, pp. 34, 35, 36. The reports of this committee may 
be found on pp. 47, 48, 57, 66, and 80. 

VOL. XI — 27 



I 



418 IOWA JOURNAL OF HISTORY AND POLITICS 



On January 21, 1897, the third day of the session, Senator 
Trewin introduced Senate File No. 1, which was a bill 4 'to 
provide for annotation, indexing, publication, distribution 
and sale of the Code and statutes hereafter enacted". 
After a stormy career, both in the House and in the Senate, 
and after having been considerably amended, it was enacted 
into law, 195 although by a later act, proposed by the Code 
Supervisory Committee, it was again amended before the 
close of the session. 196 

On January 28, 1897, Senator Trewin from the Committee 
on Code Revision presented a report distributing the laws 
of the Twenty-sixth General Assembly to the various stand- 
ing committees to be by them incorporated into the Pro- 
posed Code. 197 

Later, on February 25, 1897, Senator Trewin offered the 
following resolution, which was adopted in both branches of 
the legislature : 

Whereas, The rules of the supreme court have been amended 
from time to time and it is desirable to have them revised and pub- 
lished with the Code ; therefore, be it 

Resolved by the Senate, the House concurring, That the judges 
of the supreme court be and are hereby requested to revise the rules 
of said court so that the same may be published with the Code. 198 

195 Senate Journal, 1897, pp. 37, 896, 979, 983, 1008, 1013, 1017, 1025, 1027, 
1043, 1045, 1052, 1061, 1062, 1088, 1089, and 1209. 

196 Senate Journal, 1897, pp. 1221, 1223, 1229, and 1230. 

197 Senate Journal, 1897, pp. 81-83. 

Various other resolutions looking to the speedy consideration of the Code were 
introduced. The report of the committee in regard to dispensing with the read- 
ing of the Code may be found on pp. 194-197. 

On February 9th a resolution was also adopted in the Senate which stipulated 
that ' 1 the President of the Senate and the Speaker of the House, be requested 
to separate Code bills for consideration of the two houses in such a way as that 
bills first considered in one house shall be considered in the other house as 
messages from the house in which they were first considered. ' ' — Senate 
Journal, 1897, pp. 198, 204, 206. 

198 Senate Journal, 1897, pp. 337, 383. 



HISTORY OF TIIK CODIOS OF IOWA LAW 4H) 



On the same day, upon the motion of Senator William B. 
Perrin the Committee on Code Revision was instructed to 
consider the advisability of incorporating a section or sec- 
tions providing for proof of lost wills. 1 uy Accordingly on 
March 9th William B. Perrin, J. M. Junkin, and William 
Eaton presented such a provision for the action of the 
Senate. 200 

The House resolution relative to printing the Code was 
received from the House on February 23rd and was con- 
curred in on the following day. 201 On February 23rd, also, 
Senator L. A. Ellis introduced a resolution calling for a 
joint committee of five "to obtain information and report 
to the respective houses in regard to the desirability of 
providing for the annotation of the proposed new Code by 
this General Assembly." 202 The question of annotation 
has already been discussed in connection with the consider- 
ation of the Proposed Code in the House, and the above 
resolution was one of the steps in this controversy. 

About the middle of March a resolution was received 
from the House which called for the appointment of a joint 
committee of six - — three from each house — to supervise 
the work and to keep in touch with the progress made, and 
to report from time to time. 203 On April 3rd Senator 
Thomas Bell introduced a resolution calling on this com- 
mittee to make reports, but the committee does not seem 
to have complied with the intent of the resolution. 204 

On the third of May two very important resolutions were 
introduced in the Senate. One provided for an adjourn- 

199 Senate Journal, 1897, p. 347. 

200 Senate Journal, 1897, pp. 452, 453. 

201 Senate Journal, 1897, pp. 319, 331. 

202 Senate Journal, 1897, p. 316. 

203 Senate Journal, 1897, pp. 550, 560. 

m± Senate Journal, 1897, p. 744. The resolution of Senator Bell was "laid 
over ' \ 



420 IOWA JOURNAL OF HISTORY AND POLITICS 



ment to July 1st, and was later adopted. 205 The other pro- 
vided for the election of the Senate members of the Code 
Supervisory Committee. On the following day the election 
was held and on the first ballot Senator L. A. Ellis received 
25 ballots, James H. Trewin 16, and B. F. Carroll 4. Sen- 
ator Carroll moved that the two receiving the highest 
number of ballots be declared elected, and the vote upon the 
motion was unanimous. 206 

THE CODE SUPERVISING COMMITTEE 

The Code Supervising Committee was a new development 
in the history of the codes of Iowa law. The Code of 1851 
was edited by one man ; the Revision of 1860 was also edited 
by a single individual, who was assisted in certain matters 
by the Census Board, and the Code of 1873 was prepared by 
a single editor under a statute giving explicit directions. 
For the first time, therefore, a committee of the General 
Assembly was appointed to supervise the work of the Code 
editor. 

The chairman of the committee was James H. Trewin of 
Lansing, who with Lyman A. Ellis, the vice-chairman, was 
one of the most influential members of the legislature in the 
consideration of the Code. Mr. Trewin was born near 
Bloomingdale, Illinois, on the 29th of November, 1858, and 
removed to Iowa in 1872, where he was admitted to the bar 
ten years later, in 1882. During the Twenty-fifth General 
Assembly he served in the House of Eepresentatives, while 
he was a member of the Senate from the Twenty-sixth to 
the Twenty-ninth General Assemblies, inclusive. At pres- 
ent Mr. Trewin is engaged in the practice of law in Cedar 
Rapids and is President of the State Board of Education. 
He is a Republican in politics. 207 

205 Senate Journal, 1897, p. 1101. 

206 Senate Journal, 1897, p. 1110. 

207 Gue's History of Iowa, Vol. IV, p. 266. 



HISTORY OF TIIU (X)DUS OF IOWA LAW 421 



Lyman A. Ellis, the other Senate member of the Com- 
mittee, was likewise a Republican in politics. Senator Ellis 
was born in Vermont on March 11, 1835, and came to Iowa 
in 1861, locating at Lyons. He served as District Attorney 
for a time and in 1893 was elected to the State Senate where 
he served during the consideration of the Code of 1897. 2(,H 

Mr. Parley Finch of Humboldt, the secretary of the com- 
mission, was a Republican in politics and was one of the 
three members appointed from the House of Representa- 
tives. Mr. Finch was born in Bradford County, Pennsyl- 
vania, in September, 1844. After removing to Iowa he read 
law and was admitted to the bar in 1871. He served several 
terms in both branches of the legislature. 209 

Mr. W. W. Cornwall, of Spencer, the other Republican 
Representative on the committee, was born at Albion, Dane 
County, Wisconsin, on February 10, 1857. After his gradu- 
ation from the University of Wisconsin in 1881, he located 
in Iowa and represented his district for two terms in the 
House of Representatives. Since 1902 he has held the posi- 
tion of Reporter of the Supreme Court. 210 

The only Democratic member of the committee was Mr. 
John T. P. Power of Keokuk, who served in the House 
during the Twenty-sixth and Twenty- seventh General As- 
semblies. 211 

The editor of the Code was Mr. Ezra C. Ebersole of 
Toledo, who was born at Mt. Pleasant, Pennsylvania, on the 
18th of October, 1840. His education was received at Otter- 
bein University and at Amherst College, from which he 
graduated in 1862. After serving a short enlistment in the 
army he taught at Western College and at the State Univer- 

208 Gue 's History of Iowa, Vol. IV, p. 87. 

209 The Courts and Legal Profession of Iowa, Vol. II, pp. 692, 693. 

210 History of Clay County, Iowa, 1909, pp. 428-430. 

211 Iowa Official Begister, 1911-1912, p. 105. 



422 IOWA JOURNAL OF HISTORY AND POLITICS 



sity at Iowa City. From 1883 until 1891 Mr. Ebersole was 
the Reporter of the Supreme Court of Iowa, and he has 
published an Encyclopedia of Iowa Law. 212 

Justice Emlin McClain, who furnished the annotations, 
has already received notice in this paper. 213 

THE PEEPAKATION OF THE CODE 

Immediately after their appointment, the editor and the 
Code Supervising Committee set to work on their task. The 
laws were first read and apparent errors, such as mistakes 
in punctuation, were corrected. The Code Supervising 
Committee then relieved Mr. Ebersole of all other duties 
and for two months he spent all his time on the index. The 
proof reading was done by Mrs. C. A. Neidig and Miss 
Capitola Mardis, who were the clerks of the committee. 214 

The annotations, as before noted, were furnished by Mr. 
Emlin McClain, who was assisted by Mr. Theodore Ander- 
son, who was connected with the Law College of the State 
University. 215 The proof of the annotations was read by 
Mr. McClain. 216 According to the report of the committee, 
the price of the Code, including annotations, had been re- 
duced from thirteen dollars to five dollars per volume, while 
the actual cost of producing amounted to only two dollars 
and fifty cents per copy. The profit thus made was expected 
to pay for the book in due time. 217 The plates from which 

212 Gue 7 s History of Iowa, Vol. IV, p. 85. See also The Courts and Legal 
Profession of Iowa, Vol. II, pp. 1024, 1025. 

213 See note 37 above. 

214 Code of 1897, Preface, p. v. 

215 Mr. Theodore Anderson was librarian of the Law School of the State 
University of Iowa for a time and prepared a brief manuscript on the History 
of the Iowa Codes which has been of material assistance to the writer. Mr. 
Anderson's paper has never been published. Mr. Ealph Otto, who assisted Mr. 
Anderson, was subsequently an attorney in Iowa City, Mayor of Iowa City, and 
is now on the faculty of the College of Law of the State University of Iowa. 

2ie Code of 1897, Preface, p. v. 
217 Code of 1897, Preface, p. v. 



HISTORY OF TIIU CODES OK IOWA LAW 423 



the Code was printed were electro-typed by the Star En- 
graving Company of Des Moines and deposited with tlie 
Secretary of State, and as will be seen, were used in the 
publication of a second edition in 1902. The printing was 
done by F. R. Conaway, the State Printer, and the binding 
was done by Lafayette Young, the State Binder. There was 
considerable discussion at the time concerning the binding 
of the Code, as has already been noted. 218 

The act providing for the publication of the Code re- 
quired the editor to secure the copyrighting of the work, 
"and its entire arrangement and publication," 219 and then 
to assign the copyright to the State of Iowa. The act also 
further provided that the Code of 1897 should be "the of- 
ficial edition and the only authoritative publication of the' 
existing laws of the state." 220 As a consequence, there has 
been no private compilation since 1897 to compete with the 
official publication, although a large number of advertising 
pamphlets containing the laws of Iowa have been distrib- 
uted 221 The act also called for an edition of 15,000 vol- 
umes, which were to be ready for distribution by October 1, 
1897. 

CONTENTS OF THE CODE 

The Code as finally published consists of 2362 printed 
pages, the contents of which are arranged under twenty-six 
titles, each of which is divided into chapters, and these in 
turn into sections, of which there are 5718. 

Immediately following the title page is the preface and 

218 See above notes 157 and 172. 

219 Code of 1897, Sec. 11, p. 3. 

220 Code of 1897, Sec. 27, p. 5. 

221 These advertising booklets are often distributed by banking institutions. 
Two examples of such booklets which might be mentioned are Iowa Laws Made 
Plain presented by the Iowa City State Bank, 1912, and Laws of Iowa — Con- 
densed Edition of the New Code of 1897 which was a supplement to The 
Evening Gazette (Cedar Eapids), Vol. XV, No. 312, Saturday, January 8, 1898. 



424 IOWA JOURNAL OF HISTORY AND POLITICS 



an editorial note, dated September, 1897, in which Mr. Eber- 
sole, the editor, states that the synopsis of the Constitntion 
of the United States was taken from Hough's American 
Constitutions. He further declares that he also availed 
himself of "all the helps and suggestions to be derived 
from other indexes of substantially the same subject- 
matter. " 222 

Following a table of contents there is considerable space 
devoted to tables of "Corresponding Sections". In these 
tables it is possible to find the sections containing the same 
subject-matter in McClain's Annotated Code of 1888 and in 
the session laws of the Twenty-third to Twenty-sixth Gen- 
eral Assemblies, inclusive. 223 

In addition to the laws passed by the legislature, the Code 
contains the Eules of the Supreme Court, 224 and the tem- 
porary provisions which related to the publication of the 
Code. 225 Several important State and federal documents, 
such as the Declaration of Independence, the Constitution 
of the United States, the Ordinance of 1787, and the Consti- 
tution of Iowa, are also to be found preceding the laws 
which constitute the "Code". 226 The annotations cite the 
Iowa reports except in certain cases where the Northwest- 
ern Reporter is cited and in the case of Federal decisions, 
where the Federal Reporter is cited. 227 

It is manifestly impossible to enter into a discussion con- 
cerning the numerous changes and new sections to be found 

222 Code of 1897, Preface, p. vii. 

223 Code of 1897, Preface, pp. xi and xxiv. 

224 The rules of the Supreme Court were adopted at the May Term, 1897, and 
were to take effect October 1, 1897. They consist of 108 sections and are to be 
found in the Code of 1897, pp. 2151-2167. 

225 Code of 1897, pp. 1-5. 

226 Code of 1897, pp. 6-111. 

227 The Northwestern Eeporter is cited on pp. 489, 476, and the Federal re- 
ports at p. 473 of the Code of 1897. 



1 1 ISTOlvY OK TIIM COOKS OK IOWA LAW 425 



in the Code of 1897. 2 ' 2H Two new sections concerning cor- 
porations, however, may be found in sections 1640 and 1041, 
providing for the dissolution of a corporation and the ap- 
pointing of receivers therefor, and granting certain rights 
of property to foreign corporations. 229 Another new sec- 
tion concerning corporations is the one providing for a 
form of acknowledgment in the conveying of real estate. 
This form appears to have been recommended by the Amer- 
ican Bar Association in 1882. 230 But the most unusual of 
the corporation provisions is, perhaps, section 1608 which 
reads as follows : 

Except as otherwise provided by law, a single person may in- 
corporate under the provisions of this chapter, thereby entitling 
himself to all the privileges and immunities provided herein, but if 
he adopts the name of an individual or individuals as that of the 
corporation, he must add thereto the word ' 1 incorporated. 

Professor Horace L. Wilgus declares that so far as his 
knowledge extends, Iowa '4s the only state that permits 
this." 231 The section, however, is to be found in the Code 
of 1851 and the succeeding Iowa codes. 232 

One of the important new chapters whicb may also be 
noted is the one which contains the collateral inheritance 
tax law passed the previous year by the Twenty-sixth Gen- 

228 In the Code Supplement of 1907 may be found a table giving the cor- 
responding sections in all of the codes of Iowa law. A glance at this table will 
show the reader whether the particular section is new in the Code of 1897. 

229 See Horack 's Some Phases of Corporate Regulation in the State of Iowa 
in The Iowa Journal of History and Politics, Vol. II, p. 515. 

230 Code of 1897, Sec. 2959. This form was recommended by the American 
Bar Association in 1882. (5 Eeport 304.) A list of the other States that have 
adopted the same form is to be found in Wilgus 7 s Cases on the General Prin- 
ciples of the Law of Private Corporations, Vol. I, pp. 863, '864. 

231 Wilgus 's Cases on the General Principles of the Law of Private Corpora- 
tions, Vol. I, pp. 889, 890. 

232 Code of 1851, Sec. 702; Revision of 1860, Sec. 1179; Code of 1873, Sec. 
1088. 



426 IOWA JOURNAL OF HISTORY AND POLITICS 



eral Assembly. 233 The school laws, which are contained in 
Title XIII are codified in logical order. 234 

Many of the chapters relating to various State boards and 
officials appear for the first time in a code of Iowa statutory 
law. Among such may be mentioned the chapters relating 
to the Geological Survey, to the Inspectors of Petroleum 
Products, to the Dairy Commissioner, and to the Fish and 
Game Warden. 235 The last mentioned chapter contains 
three new sections, one of which abolishes the office of fish 
commissioner; another provides for the appointment of 
deputy game wardens, and one makes it a punishable of- 
fense for a common carrier to receive any game for trans- 
portation, contrary to the provisions of the chapter. 236 

In 1887 the District Judges of the State had met in con- 
vention at Des Moines pursuant to an act of the legislature 
and had laid down certain ' ' Rules of Practice". These are 
to be found at various places in the Code of 1897 in the 
chapters relating to pleading and trial of actions. 237 

The great number of annotations made the Code of 1897 
a very bulky book. Nevertheless, they have been of great 
aid to the legal profession, though misleading perhaps, in 
some instances, to the layman. This fact is well stated by 
Mr. Ebersole as follows : 

Non-professional readers of the Code need to be advised that the 
annotations do not always express the law as it is today. They are 
notes of decisions rendered upon prior and often very different 
statutes. For example, under section 2357 of the Code is a note of 
a decision in 58 Iowa, 256, in relation to the liability of a party to 

233 Code of 1897, pp. 550-553, Sees. 1467-1481. 

234 Code of 1897, pp. 906-972, Sees. 2621-2857. 

235 Code of 1897, Title XII, Chs. 10, 11, 13, and 15. 

236 Code of 1897, Sees. 2563, 2562, and 2557, respectively. 

237 This convention was provided for by Ch. 134 of the Laws of the Twenty- 
first General Assembly of the State of Iowa. The rules of practice as adopted 
are to be found in McClain's Annotated Code and Statutes, 1888, Vol. I, pp. 
Ivii-lix. 



IIISTOItY OF THK (X)DUS OF IOWA LAW 427 



aid in the erection of a partition fence. That decision was bated 
upon a statute which is now repealed, and is no longer the law of 
the state. Section 2355 now fixes the liability of adjoining land 
owners to contribute to partition fences. Again, under section 3376 
of the Code are found notes of many decisions holding that when a 
man wills to his wife a portion of his real estate, and fails to say 
that it is in lieu of her dower, she will take dower also, unless in the 
nature of the case she cannot take both. Such was the law, but it is 
so no longer; for section 3270 now declares that in such a case the 
portion given to the wife shall be presumed, unless the intention is 
clear and explicit to the contrary, to be in lieu of her dower. It 
might be asked, Why then were those notes inserted? For the 
common people they would better have been omitted, but for the 
lawyer, who often needs to understand the history of legislation and 
judicial decisions, they are of great value. 238 

The legislature was responsible for including the anno- 
tations of all the decisions of the Supreme Court, for the 
act providing for the publishing of the work decreed that 
the three competent attorneys who should be employed to 
do the work should include all the decisions of the State 
Supreme Court, as well as of the United States Supreme 
Court and other Federal courts when interpreting Iowa 
statutes. 239 

In his biennial message to the legislature of J anuary 11, 
1898, Governor Francis M. Drake commented on the new 
Code as follows : 

Besides the usual legislation there was required a revision of all 
the laws of the state and the formation, adoption, and publication 
of the new code, which, put into a magnificent volume, is now in 
the hands of the people for their information and convenience. 
This of itself required much time and labor, but its great benefit to 
the state amply compensates therefor. 240 

In the same message Governor Drake called the attention 

238 Ebersole's Encyclopedia of Iowa Law, See. 32, pp. 13, 14. 

239 Laws of Iowa, 1897, p. 24. 

240 Shambaugh 's Messages and Proclamations of the Governors of Iowa, Vol. 
VII, p. 123. 



428 IOWA JOURNAL OF HISTORY AND POLITICS 



of the legislature to discrepancies in the Code, declaring: 
"A few defects (very few in view of the magnitude of the 
work) have been met with in the new code, which require 
action by the general assembly. ' ,241 

There is no doubt that in the limited time in which the 
work on the Code was prosecuted a considerable number of 
inaccuracies of varying degrees of importance were made, 
and these soon became manifest. As a consequence many 
amendments and additions to Code sections are to be found 
in the session laws of 1898. It must be admitted, however, 
that in view of the magnitude of the undertaking and the 
limited time in which the work was done, the Code of 1897 
is remarkably free of errors. 

There was little subsequent legislation concerning the 
Code of 1897. During the session of 1898, the Code Super- 
vising Committee made its report. This report is very 
clear and gives a splendid account of the progress of the 
work on the Code from the time of the appointment of the 
Code Supervising Committee on May 4, 1897, until the com- 
pletion of the work. After describing in detail the method 
of carrying on the work it mentions one phase of the pro- 
ceeding which is very interesting in relation to the prepara- 
tion of the Code. It appears that Mr. Emlin McClain had a 
contract with a Chicago law publishing firm, and when a 
contract was entered into between Mr. McClain and the 
State, this firm started legal proceedings. This incident is 
best described in the words of the Committee : 

After about 1,500 pages of the code had been electrotyped and 
printed, Callaghan & Co., a law book publishing house of the city 
of Chicago, and the publishers of McClain ? s annotated code of Iowa, 
under contract with him, brought suits in the United States court 
at Dubuque and Des Moines, to enjoin Mr. McClain from furnishing 
annotations for the code and to enjoin the state printer from print- 

241 Shambaugh 's Messages and Proclamations of the Governors of Iowa, Vol. 
VII, p. 182. 



HISTORY OF TIIK CODKS OK IOWA LAW 429 



ing annotations, alleging in substance that said Ernlin McClain was 
under contract with said company to furnish annotations to it only, 
that it was the owner of the annotations to McClain \s codes of 1884 
and 1888, which he was using in annotating the code, and that the 
state through the General Assembly and its committees, had notice 
and knowledge of such alleged facts and the terms of the contract. 

Upon the hearing of the applications for injunctions before; 
Judges Shiras and Woolson of Dubuque and Des Moines respective- 
ly, it was conclusively established that McClain 's codes were copy- 
righted in his own name and that neither the General Assembly nor 
any of its committees or members had any knowledge or notice 
whatever of the terms of the contract between Callaghan & Co. and 
McClain or of the nature of the business relations existing between 
them. The injunctions were denied and Mr. McClain completed 
his contract. 242 

The report then states that the printing of the Code of 
1897 had been completed about September 20, 1897, and 
that a number of copies were delivered prior to October 1, 
1897. On account of some errors made in constructing the 
work it became necessary to cut out the erroneous pages 
and to paste in corrected pages. The committee also states 
that many lawyers made requests to have the Northwestern 
Reporter cited in the annotations, in addition to the State 
reports, but that the Code was partly printed before such 
requests were made, and in the absence of legislative 
authorization, it was thought best to omit such citations. 

Another interesting part of the report is the appendix 
consisting of the three divisions, the first of which gives a 
copy of the contract entered into with Mr. McClain, and the 
last two being itemized expense accounts. From these it 
may be learned that the actual cost of the Code, as deter- 
mined by the committee, was $40,200.68, or $2.68 a copy for 
the edition of 15,000. The cost to purchasers of the Code 
was likewise reduced from $13.00, the price paid for 
McClain 's Code, to $5.00. 

242 House Journal, 1898, pp. 90, 91. The report may be found on pp. 89-99. 



430 IOWA JOURNAL OF HISTORY AND POLITICS 



The binding used on the Code was a cause of much news- 
paper discussion as has already been noted. The commit- 
tee, evidently for the purpose of learning the true facts, 
employed Mr. P. C. Kenyon of Des Moines, a practical 
binder, to make an examination of the materials used. His 
report to the committee was that the materials used were of 
the very best grade. 

Two other actions were taken at this session of the legis- 
lature in regard to the Code. One was a concurrent resolu- 
tion which originated in the Senate, providing for the 
furnishing of a copy of the Code to the Federal courts in 
Iowa. 243 The other, as finally enacted, was a bill amenda- 
tory to the law providing for the publication of the Code, 
passed by the extra session of the Twenty-sixth General 
Assembly, and permitted State officials to publish extracts 
from the laws pertaining to their departments in their 
annual or biennial reports. 244 

Two years later, in 1900, there was some minor legislation 
relative to the Code. The bill just mentioned was again 
amended so as to read: "The executive Council may also 
authorize the publication by private individuals of extracts 
from the laws." 245 

Perhaps the most important act at this session relative 
to the Code was the passage of a bill, which originated in 
the Senate, providing for the appointment of a joint com- 
mittee of three from each house whose duties were to "care- 
fully revise and codify all the special assessment laws, and 
such other laws in relation to the government of municipal 
corporations, as may be by the committee deemed necessary 
and expedient, and recommend such changes therein as may 

243 Senate Journal, 1898, p. 264; House Journal, 1898, p. 296. 

244 Laws of Iowa, 1898, Ch. 1, p. 13. A substitute proposed in the House 
may be found in the House Journal, 1898, p. 600. 

245 Laws of Iowa, 1900, Ch. 1, p. 1. 



HISTORY OF TIIU CODKS OK IOWA LAW i:M 



be desirable." 2 * 8 The committee was also instructed to 

make its report to the Twenty-ninth General Assembly in 
the form of a bill and also to make an explanatory report. 
The Speaker of the House appointed Representatives 
George W. Dunham of Manchester, Charles J. Wilson of 
Washington, and William Theophilus of Davenport as 
members of this committee; 247 and the President of the 
Senate appointed Senators James H. Trewin of Lansing, 
Thomas D. Healy of Fort Dodge, and W. A. Mclntire of 
Ottumwa. 248 

In 1902 the Twenty-ninth General Assembly provided for 
a second edition of the Code, of 7500 copies. The work was 
to be superintended by the Code Supplement Supervising 
Committee which was given power to correct the plates 
where errors occurred, to change the citations from the 
Northwestern Reporter to the Iowa reports and to insert 
the index prepared for the Code Supplement rather than 
the regular index, or to omit the index altogether and pub- 
lish only references to the "amendments and subsequent 

enactments." 249 

The edition of 7500 additional, copies of the Code was 
accordingly made at a cost of $14,063.37, or $1.88 per volume 
— the binding alone costing $1.10 per volume. 250 The sec- 
ond edition of the Code contains thirty-four more pages 
than the original. In addition to the preface, there are 
tables showing where the corresponding section may be 
found in the Code of 1873 and in the session laws from the 
Fifteenth up to and including the Twenty-sixth General 
Assembly. Another table cites all the cases in the Code, 

246 Laws of Iowa, 1900, Ch. 176, pp. 128, 129. 

247 House Journal, 1900, p. 1241. 

248 Senate Journal, 1900, p. 1097. 

249 Laws of Iowa, 1902, Ch. 211, p. 164. 

250 The report of the Code Supplement Supervising Committee on the second 
edition of the Code may be found in the House Journal, 1904, pp. 681, 682. 



432 IOWA JOURNAL OF HISTORY AND POLITICS 

reference to which is given in the Northwestern Reporter, 
showing where such cases may be found in the official re- 
ports. Some of the cases thus listed are not to be found in 
the Iowa official reports. A third table shows all the sec- 
tions in the Code of 1897 that were amended and repealed 
by the Twenty-seventh, Twenty-eighth, and Twenty-ninth 
General Assemblies. 251 

The first supplement to the Code of 1897 was issued in 
1902 and the subsequent legislation deals largely with the 
various supplements. Very few copies of the Code are 
being sold at the present time, the sales during the year 
1910 amounting to only $266.50. 252 

THE CODE SUPPLEMENT OE 1902 

When the Code of 1897 was under discussion one of the 
chief objections to it was that it would be out of date in a 
very short time and the State would be put to great expense 
in keeping such a volume up-to-date. This objection was 
answered by the statement that at regular intervals a sup- 
plement could be issued. A provision was placed in the act 
which provided for the publication of the Code of 1897 to 
this effect, and, accordingly, during the session of the 
Twenty-ninth General Assembly, action was taken to pro- 
vide for such a work. 253 

The Twenty-ninth General Assembly met on the 13th day 
of January, 1902. 254 Eight days later, in the Senate, Mr. 
J ames H. Trewin introduced Senate File No. 1, which was 
a bill for an act to provide for compiling the laws of all the 
sessions of the legislature held since the appearance of the 
Code of 1897. 255 This compilation was to include the anno- 

251 Code of 1897 (Second Edition), pp. xxiv-l-xxiv-31. 

252 Iowa Official Register, 1911-1912, p. 195. 

253 Code Supplement of 1902, Preface. See also Code of 1897, Sec. 24, p. 5. 

254 Senate Journal, 1902, p. 1. 

255 Senate Journal, 1902, p. 67. 



HISTORY OK THE CODES OK IOWA LAW 433 

tations of decisions rendered up to and including the May 
(1902) term of the Supreme Court. It was to be a supple- 
ment to the Code and there was also a provision in the bill 
for the appointment of a supervising committee. 

On the 6th of February, Chairman Thomas 1). Healy of 
the Judiciary Committee reported the above bill to the 
Senate with the recommendation that it be passed. 2 5<i Later 
in the same day, on motion of Senator Trewin, the bill was 
unanimously adopted in the Senate. 257 One week later, in 
the House, on motion of George W. Clarke, the bill was 
likewise passed without a dissenting vote. 258 

On March 4, 1902, Senator Trewin introduced a bill call- 
ing for the publication of a second edition of the Code. 
This was finally passed by both houses, also without any 
dissenting votes. 259 

It will be recalled that a Municipal Code Committee had 
been appointed in 1900 to revise and codify the laws re- 
lating to special assessments in cities. 260 This committee 
made a very full and complete report to both houses and a 
bill was introduced providing for a system of accounts in 
cities, but after some consideration it was dropped. 261 Sev- 

256 Senate Journal, 1902, p. 191. 

257 Senate Journal, 1902, p. 195. 

258 House Journal, 1902, pp. 307, 308. 

259 Senate Journal, 1902, pp. 440, 506, 556, 557; and House Journal, 1902, pp. 
723, 780. 

260 Laws of Iowa, 1900, Cti. 176, pp. 128, 129. 

261 It appears that the Municipal Code Committee was appointed as a result 
of the efforts of the League of Iowa Municipalities. It considered many rec- 
ommendations submitted to it by the League and took favorable action on most 
of them. One writer declares that "very few changes in the municipal law not 
recommended by the League were made." The Iowa State Bar Association 
also appointed a committee, consisting of George W. Ball of Iowa City, William 
H. Baily of Des Moines, C. W. Bingham of Cedar Rapids, J. W. Bollinger of 
Davenport, and J. H. Quick of Sioux City, to report on certain municipal laws, 
which after being considered by the Association were to be referred to the 
Municipal Code Committee. The report of the above committee of the State 

VOL. XI — 28 



434 IOWA JOURNAL OF HISTORY AND POLITICS 



eral other bills relative to municipal government were, 
however, passed. 262 

The act which provided for the Supplement of 1902 
states that an edition of 15,000 should be printed, which 
should conform in size, type, arrangement, and other de- 
tails, as nearly as possible to the Code, and when finished, 
should be distributed and placed on sale at $2.00 per volume. 
The work was to be completed by September 1, 1902. 

The act further provided for the appointment of a Code 
Supplement Supervising Committee which was to have the 
general supervision of the work. It also appropriated 
$1500 for the compensation of the editor of the Supple- 
ment, who was to be responsible to the above committee. 
These men were to incorporate in the Supplement all the 
general laws of the Twenty-seventh to Twenty-ninth Gen- 
eral Assemblies. The numbering was also provided for, 
sections added to Code sections being numbered with a 
letter after the original section number, as Sec. 100-a. 263 

The Senate appointed James H. Trewin of Lansing, W. P. 
Whipple of Vinton, and Claude R. Porter of Centerville; 
and the House of Representatives appointed Frank S. 
Payne of Centerville, W. K. Barker of Cresco, and Albert 
W. Hamann of Davenport, as members of the Code Supple- 
ment Supervising Committee. 264 These gentlemen pur- 
Bar Association was made in 1901. — See Proceedings of the Iowa State Bar 
Association, 1900, p. 164; and 1901, pp. 116-121; Midland Municipalities, Vol. 
II, No. 3, June, 1901, pp. 70-72; and Horack's The League of Iowa Munici- 
palities in The Iowa Journal of History and Politics, Vol. I, pp. 202-204. 

262 For a list of some of these bills see Senate Journal, 1902, pp. 259, 260. 

263 Laws of Iowa, 1902, Ch. 194, pp. 147-149. 

It might here be noted that in 1902 the Executive Council authorized Judge 
S. H. Fairall to get out a collection of laws entitled Township Laws of Iowa, 
which contained, in addition to the laws relating to townships, various annota- 
tions and blank forms. This little volume contains 214 pages and was printed 
at Davenport by Egbert, Fidlar & Chambers. 

264 A biography of Mr. W. K. Barker may be found in the Annals of Iowa, 
3rd Series, Vol. V, p. 640. 



HISTORY OK TIIK CODIES OK IOWA LAW 



435 



chased the annotations from Mr. Ernlin McClain for tlx; 
sum of $1800. They also contracted with Bernard Murphy, 
State Printer, for the printing, and with Howard Tedford, 
the State Binder, for the binding. This latter item amount- 
ed to the sum of $11,176.50 for 14,902 volumes. 205 The 
Supplement contains 874 pages. 

The entire work was copyrighted by the editor, John R. 
Carter, and the copyright assigned to the State as provided 
by law. 200 The electrotyping was done by the Star En- 
graving Company. 

There are numerous tables, prepared by Mr. Carter, to be 
found in the first part of the book. The first table shows 
where the various acts of the Twenty-seventh, Twenty- 
eighth, and Twenty-ninth General Assemblies are to be 
found in the Supplement. Another table shows all the sec- 
tions or parts of the Code of 1897 that have been amended 
or repealed. This is followed by the provisions relating to 
the Code Supplement and to the Code. The rules of the 
Supreme Court adopted at the May term, 1901, are also 
included in this Supplement. 267 

The index to the Supplement is very extensive and is an 
improvement over the index to the Code itself. It covers 
two hundred and ninety- three pages, citing both the Code 
and Code Supplement sections, the latter being denoted by 
the mark "s" before the section number. 

It would be a useless task to call attention to any con- 
siderable number of the laws contained in the Supplement. 
No new law is to be found in the work, all the sections 
having been passed at the three previous sessions of the 
legislature. Some of these laws, however, were of very 

265 House Journal, 1904, pp. 680, 681. 

see Laws of Iowa, 1902, Ch. 194, See. 3, p. 147. 

267 Code Supplement of 1902, pp. 578, 579. 



436 IOWA JOURNAL OF HISTORY AND POLITICS 



great importance. The legislation in reference to munici- 
palities has already been noted. 268 The sections relating to 
taxation and the assessment of taxes are deserving of at- 
tention, especially those relating to the collateral inherit- 
ance tax which contain the rules laid down by the district 
judges for the assessment and collection of the same. 269 
Actuary tables are printed in connection with the sections 
just mentioned. One entire new chapter appears, being 
Chapter 9-A, of Title V, and consisting of the act concerning 
the 1 ' improvement of the channels of meandered streams 
within the corporate limits of certain cities.' ' This act was 
passed by the Twenty-ninth General Assembly. 270 

Perhaps the most important of the new legislation is the 
uniform negotiable instruments act which is to be found in 
Sections 3060-al to 3060-al98. This act, which is in force 
in nearly all of the leading commercial States, was adopted 
by the Twenty-ninth General Assembly. 271 Mr. Carter, the 
editor, annotated this law so far as the Iowa decisions are 
concerned and introduced a new feature into the Supple- 
ment by citing annotations of the decisions of courts of 
other States. 272 The latter were taken from the second 
edition of John J. Crawford's Annotated Negotiable Instru- 
ments Law. In commenting on this feature of the Supple- 
ment Mr. Justice Deemer remarks : ' ' This last feature is an 
invaluable aid to uniformity in construction, which is quite 
as important as similarity in language. The committee is 

268 See notes 261 and 262 above. 

269 Code Supplement of 1902, pp. 145-158. The rules mentioned were drawn 
up by Chief Justice H. E. Deemer and District Judges S. M. Weaver, L. E. 
Fellows, H. M. Towner, Z. A. Church, and M. J. Wade, pursuant to See. 6, Ch. 
37, Laws of Iowa, 1898, p. 28. 

270 Code Supplement of 1902, pp. 88-91. 

271 Code Supplement of 1902, pp. 352-395. Considerable information con- 
cerning the Uniform Negotiable Instruments Law may be found in Huff cut's 
The Law of Negotiable Instruments (First Edition), 1898. 

272 Code Supplement of 1902, Editorial Note, p. iv. 



HISTORY OK TIIK (X)DKtt OK IOWA LAW 



437 



entitled to great credit for introducing this apparent inno- 
vation. ' m;{ 

Various editorial notes appear throughout the work, some 
of which refer to the Code for earlier annotations, and are 
consequently needless. Typographical errors are to be 
found, but this could hardly be otherwise in a work of this 
size. 

There appears to have been little subsequent legislation 
concerning the Code Supplement of 1902. In 1904 a bill 
was passed authorizing the Secretary of State to exchange 
the Code and Supplement with foreign countries, and to 
furnish copies thereof to the colleges of the State. 274 The 
Code Supplement Supervising Committee also made its 
final report at this session of the legislature. 275 

In 1906 several acts were passed relating to the docu- 
ments of the State, apparently the only one relating directly 
to the Code being one concerning the report of the county 
auditors on thev sales of codes and session laws. 276 In the 
House a resolution was adopted requiring the Speaker to 
appoint a committee of five to report upon necessary 
amendments to the Code and Supplement, and to the laws 
of the Thirtieth General Assembly, in order to make them 
conform to the constitutional amendments just previously 
adopted. 277 The committee appointed consisted of M. L. 
Temple of Osceola, Robert M. Wright of Fort Dodge, H. L. 
Spaulding of Elma, C. N. Jepson of Sioux City, and R. C. 
Langan of Clinton. 278 

273 Book review, by Justice H. E. Deemer in The Iowa Journal of History 
and Politics, Vol. I, p. 120. The review is of the Supplement to the Code of 
Iowa and is to be found on pp. 118-121. * 

274 Laws of Iowa, 1904, p. 128. 

275 Bouse Journal, 1904, p. 680. Also Senate Journal, 1904, p. 633. 

276 Laws of Iowa, 1906, p. 1. See also pp. 2-4. 

277 The amendment referred to is Sec. 16, Art. XII, relating to Biennial 
Elections. — See Iowa Official 'Register, 1911-1912, p. 59. 

278 Mouse Journal, 1906, p. 57. 



438 IOWA JOURNAL OF HISTORY AND POLITICS 



The Supplement of 1902 remained in active use only five 
years, being replaced in 1907 by the Supplement of that 
year. 

It has been described as being a well executed piece of 
work. It contained a new idea in the citations under the 
uniform negotiable instruments act and as Mr. Justice 
Deemer declared, "this Supplement is not only invaluable 
to the lawyer, but to every layman who has occasion to 
know the law as well." 279 The later Supplement, however, 
containing as it did all legislation subsequent to 1897, com- 
pletely replaced the Supplement of 1902. 

THE CODE SUPPLEMENT OF 1907 

The history of the Code Supplement of 1907 is very sim- 
ilar to that of the Supplement of 1902. The law provided 
that every third General Assembly after the Twenty-ninth 
should provide for the publication in a supplement of all 
the laws passed subsequent to the Code. 280 This duty was 
thus imposed on the Thirty-second General Assembly which 
convened on January 14, 1907. 281 

On January 28th Senator George W. Dunham of Man- 
chester introduced a bill providing for the appointment of 
a Code Supplement Supervising Committee and authorizing 
the publishing of a supplement. After some amendments 
relative to the salary of the editor, the bill was unanimously 
passed by both houses. 282 

The act as passed is almost identical with the act pro- 
viding for the Supplement of 1902. It calls for a joint com- 
mittee of three from each house, and an editor at a salary 
of $1500, who shall compile all the laws passed subsequent 

279 Book review by Justice H. E. Deemer in The Iowa Journal of History 
and Politics, Vol. I, p. 120. 

280 Code of 1897, Sec. 24, p. 5. 

281 Iowa Official Register, 1911-1912, p. 125. 

282 Senate Journal, 1907, p. 144. 



HISTORY OK TIIK CODUS OK IOWA LAW 439 



to the Code, and secure annotations down to and including 
the May term, 1907. The act further provided that 12,000 
copies should be prepared, uniform in printing, size, and 
binding with the Code, that it should be sold at $3.00 per 
volume, and be ready for distribution by the first of October, 
1907. 8 * 8 

At this same session a law was also passed appointing a 
commission of three members with power to i ' rearrange, 
revise and codify the existing laws relating to the public 
schools, and recommend additional needed legislation.'' 284 
This committee made an extended report nearly two years 
later, in the form of a proposed bill. 285 

On the 23rd of January, the editor of the Supplement had 
been elected by the two houses in joint session. 286 This was 
five days previous to the introduction by Senator Dunham 
of the bill authorizing the Supplement. On February 25, 
1907, the President of the Senate appointed Senators 
George W. Dunham of Manchester, J. L. Warren of Pella, 
and Sherman W. DeWolf of Reinbeck as members of the 
Code Supplement Supervising Committee. 287 On the fol- 
lowing day the Speaker of the House of Representatives 
appointed E. W. Weeks of Guthrie Center, C. W. Hackler 
of Fort Dodge, and C. G. Sparks of Eldon to serve on the 
Committee. 288 

The Supplement of 1907 is almost twice as large as the 
Supplement of 1902, containing 1552 pages. The annota- 
tions in the Supplement of 1907 were furnished by Mr. 

283 Laws of Iowa, 1907, Ch. 221, pp. 223, 224. 

284 Laws of Iowa, 1907, Ch. 222, p. 225. 

285 The committee consisted of Frederick E. Bolton of Iowa City, William H. 
Baily of Des Moines, and Arthur Springer of Wapello. Their report was very 
elaborate but failed of passage — See Report of the Educational Commission, 
1908. 

286 Senate Journal, 1907, pp. 137, 138. 

287 Senate Journal, 1907, p. 478. 

288 House Journal, 1907, p. 549. 



440 IOWA JOURNAL OF HISTORY AND POLITICS 



Justice McClain, 2S9 while Mr. James H. Trewin and Mr. 
J. R. Carter gave assistance in various ways to the Code 
Supplement Supervising Committee and editor. The edi- 
torial note was dated in October, 1907. In fact, the task 
imposed by the legislature was so great that the book could 
not be completed on time. The plan of the later supplement 
follows closely the plan of the earlier work. This was done 
as the editor explains because the general plan of the 1902 
work met with general approval, the bar was accustomed 
to it, and legislation had been enacted with reference there- 
to. 290 

The tables in the Supplement are very extensive and 
cover 219 pages, perhaps the most important being the 
" Table of Corresponding Sections'', showing where each 
section in the Code and in the Supplement of 1907 may be 
found in former codes and in the session laws since 
1860. As in the case of the Supplement of 1902, various 
editorial notes are also to be found scattered throughout the 
book. The revised rules of the Supreme Court and the rules 
of the Board of Law Examiners are also to be found in this 
collection of statute laws. 291 The index fills three hundred 
and fifty-seven pages. 

A considerable number of important new laws appear in 
the Supplement of 1907, those being considered new which 
were passed at the three previous sessions of the legisla- 
ture. Among these may be noted the Primary Election 
Law, passed by the Thirty-second General Assembly, 292 the 
law regulating fire insurance policies, 293 and the sections re- 
lating to fraternal beneficiary societies. 294 The new legis- 

289 Code Supplement of 1907, Preface. 

290 Code Supplement of 1907, p. v. 

291 Code Supplement of 1907, pp. 1173-1193. 

292 Code Supplement of 1907, pp. 224-238. 
/293 Code Supplement of 1907, pp. 364, 365. 

294 Code Supplement of 1907, pp. 388-393. 



HISTORY OF TIIF CODES OF IOWA LAW 441 



lation concerning internal improvements is also very 
extensive. 205 The chapter on the militia is largely the work 
of the Thirtieth and Thirty-first General Assemblies, 21 " 5 and 
the Governor is authorized to organize, when he deems 
necessary, a naval force which shall be known as the 4 'naval 
militia." 297 The sections relating to dipsomaniacs and in- 
ebriates are also more numerous than in the Supplement of 
1902, providing more fully for the care of this unfortunate 
class. 298 Chapter 10-A of Title XV, relating to warehouse- 
men and warehouse receipts, is new also, having been passed 
by the Thirty-second General Assembly. 299 Another of the 
more important new laws is the pure food law, which is 
found in part four. 300 The annotations are very numerous 
in the procedural sections of the Code, especially in part , * 
three, which is the Code of Civil Practice. 

The Code Supplement Supervising Committee made its 
report to the Thirty-third General Assembly. In this re- 
port it is shown that the total cost of the 1907 work amount- 
ed to $33,466.96. 301 

Various attempts have been made at two of the last ses- 
sions of the legislature (the Thirty-third and Thirty-fourth) 
to codify and revise certain phases of the law. 302 Governors 
Garst and Carroll have both urged revision of the school 
laws, and several bills have been introduced looking toward 
the rewriting of the laws on roads, taxation, and health. 
The law relative to the sale of the Code and session laws 

295 Code Supplement of 1907, pp. 424-443. 

296 Code Supplement of 1907, pp. 487-495. 

297 Code Supplement of 1907, pp. 495, 496. 

298 Code Supplement of 1907, pp. 502-509. 

299 Code Supplement of 1907, pp. 786-796. 
soo Code Supplement of 1907, pp. 1086-1092. 
soi Bouse Journal, 1909, pp. 1307-1309. 

302 See House Journal, 1909, pp. 125, 188, 238. Senate Journal, 1909, pp. 
164, 426. 



• 



442 IOWA JOURNAL OF HISTORY AND POLITICS 



was considerably amended by the Thirty-third General As- 
sembly. 303 

In December, 1910, at the Good Eoads Convention held in 
Des Moines resolutions were adopted asking a revision of 
the road laws. 304 In 1911 the legislature passed various 
laws which were of importance to the student of Iowa juris- 
prudence. Two commissions were appointed to report to 
the Thirty-fifth General Assembly, on topics of special in- 
terest. 305 Other important and interesting measures were 
proposed but failed of passage. One of these was a bill 
providing for the appointment of a committee to draft 
bills for the legislature 306 and another was a concurrent 
resolution calling for the reprinting of the early Iowa codes 
and session laws. 307 One of the most important laws of the 
Thirty-fourth General Assembly was the Uniform Bills of 
Lading Act. 308 

During the year 1912 suggestions of importance were 
made concerning changes and revisions in legislation. The 
Republican Party in its State platform declared for re- 
vision along certain lines, 309 while the newspapers have 
strongly urged the adoption of new road and tax laws. 310 

303 House Journal, 1909, pp. 26, 109. 

304 Brindley 's History of Eoad Legislation in Iowa, p. 245. 

305 Laws of Iowa, 1911, Chs. 204 and 205, pp. 229-231. These were the Tax 
Commission and the Employer's Liability Commission. 

306 House Journal, 1911, p. 1058. 

307 House Journal, 1911, p. 1507. 

308 Laws of Iowa, 1911, pp. 169-178. 

The Supplement of 1913 is in preparation at the time of the writing of this 
article. Governor Carroll, in his final message to the legislature declared for a 
revision of the tax and road laws {Senate Journal, 1913, pp. 39, 40, 47) ; and 
Governor Clarke made a strong plea for a reform in court procedure in his 
inaugural address {Senate Journal, 1913, pp. 90, 91). 

On January 22, 1913, Senator Sullivan introduced a bill providing for the 
Supplement of 1913 which was referred to the Committee on Printing. This 
bill, Senate File No. 38, was very similar to the bills providing for the two 
earlier supplements. — Senate Journal, 1913, p. 168. 

309 The Register and Leader (Des Moines), Thursday, July 11, 1912. 

310 See Applied History, Vol. I, published in 1912 by The State Historical 
Society of Iowa. 



HISTORY OF T1IK CODES OF IOWA LAW 44 : i 

Much important legislation was enacted by the Thirty-fifth 
General Assembly along various lines. 

CONCLUSION 

The Code of 1897 is the last official code of the State of 
Iowa, and no private codes have been printed since it ap- 
peared. It has been kept up-to-date, both in the annotations 
and in the laws, by the publication of supplements. 

Justice Horace E. Deemer admirably reviews the Code of 
1897 in the following paragraph : 

The Code of 1897 is the first ambitious attempt made by the State 
at publication of a complete annotated code. That attempt has 
been remarkably successful, and in spite of the short time given for 
its publication it is singularly free from error or mistake. It has 
not been a profitable investment from a financial standpoint — the 
State not having recouped the expense of publication — but it has 
everywhere been regarded as nearly a perfect annotated code as it 
is possible to make. 311 

Very little remains to be said relative to the codes of 
Iowa law. From the Old Blue Booh to the Supplement of 
1907 they have been of a very high order, with possibly one 
exception. Starting with the remarkable Code of 1851 they 
have followed the logical arrangement found therein. The 
addition of annotations makes them doubly valuable as it 
gives to the reader the judicial interpretation placed on the 
acts of the legislature. The codes of Iowa will, in short, 
compare favorably with the codes of any of the leading 
Commonwealths of the United States. 

Clifford Powell 

The State Historical Society of Iowa 
Iowa City Iowa 



3ii The Iowa Journal of History and Politics, Vol. I, p. 119. 



SOME PUBLICATIONS 



Missionary Explorers Among the American Indians. Edited by 
Mary Gay Humphreys. New York: Charles Scribner's Sons. 
1913. Pp. xii, 306. Portraits, plates. Six essays or biographies 
make up this volume. First, as might be expected, comes a brief 
account of the life and missionary activities of John Eliot, the 
great "Apostle to the Indians" during colonial days. Over sixty 
pages are devoted to Samson Occum, the Mohegan preacher, after 
which there follows a short sketch of the experiences of David 
Brainerd, the so-called "Missionary to the Forests", whose chief 
work was among the Susquehanna Indians. Then comes the story 
of ill-fated Marcus Whitman of Oregon, in which the writer appar- 
ently accepts all that Whitman's friends have claimed for him. 
The two remaining chapters deal with the life of Stephen Riggs 
for forty years among the Sioux Indians and the adventures of the 
itinerant John Lewis Dyer in the Mississippi Valley and in 
Colorado. 

The book makes no claim to containing authoritative or ex- 
haustive studies in any case. Evidently the purpose has been to 
present in vivid, narrative style, the careers of the six men with the 
view to appealing to a large circle of readers, old and young. 
From this standpoint the book is commendable, for the popular- 
izing of history is a worthy aim. At the same time, since a great 
deal of material is quoted from diaries, letters, and personal reminis- 
cences, it would seem that some citations to sources might well have 
been given without in the least detracting from the readability of 
the volume. 

History of Fort Dodge and Webster County, Iowa. By H. M. 
Pratt. Chicago: The Pioneer Publishing Co. 1913. Vol. I, pp. 
298 ; Vol. II, pp. 314. Portraits, plates, maps. Mr. Pratt has made 
a worthy addition to the list of histories of Iowa counties. The 

444 



NOMK PUBLICATIONS 



445 



twenty-six chapters in the first volume deal with such subjects as 

the geology and topography of Webster County, the early explora- 
tions of the Mississippi Valley, the mound builders and the Indians, 
the Louisiana Purchase and Territorial Iowa, Webster County poli- 
tics, government, and military history, trade and commerce, schools, 
churches, women's clubs, the Spirit Lake Massacre, railroads, the 
river-land grant, the Cardiff giant, townships, and towns. The 
arrangement is good and in point of content and style the book 
offers the reader a clear and comprehensive view of the main events 
in the history of Webster County. The absence of an index is, of 
course, to be deplored. Volume two, following the usual custom, is 
purely biographical, Mr. Pratt having had nothing to do with its 
preparation. 

The Life of Thaddeus Stevens. By James Albert Woodburn. 
Indianapolis : The Bobbs-Merrill Co. 1913. Pp. 620. Portraits. 
This voluminous biography, as is stated on the title page, is "a 
study in American political history, especially in the period of 
Civil War and Reconstruction". Few writers are so well fitted to 
make such a study as Professor Woodburn, and it is doubtful 
whether the life of any other statesman of the period would offer 
such a comprehensive view of the political history of the years 
covered. 

The book contains twenty-three chapters, beginning with a brief 
outline of the early life of Stevens. Then follow chapters on his 
early participation in politics as an Anti-Mason, the Buckshot War, 
his defence of free schools, his affiliation with the Free Soilers and 
the anti-slavery movement, his attitude and activities during the 
war and reconstruction, the impeachment of Johnson, the Green- 
back movement, and closing days and characteristics. The work is 
readable in style and gives evidence of careful research. The 
citations to sources, while perhaps not as numerous as some students 
might desire, are nevertheless sufficiently adequate to verify and 
amplify all important points. It is greatly to be regretted that the 
index, covering only eight short pages in single column, is so un- 
satisfactory when the book is intended to be used for reference 
work. 



446 IOWA JOURNAL OF HISTORY AND POLITICS 

AMERICANA 

GENERAL AND MISCELLANEOUS 

Pierrepont Genealogies from Norman Times to 1913, by R. 
Burnham Moffat, is a recent addition to the list of American 
genealogical works. 

A List of References to Publications Pertaining to the Govern- 
ment Ownership of Railways has been issued by the Bureau of 
Railway Economics at Washington, D. C. 

A poetical interpretation of Abraham Lincoln, by George Wil- 
liam Bell, has been issued by the Arthur H. Clark Company in an 
attractive, numbered edition. 

Legal Problems Capable of Settlement by Arbitration, by Charles 
Cheney Hyde, is a pamphlet published in February by the Amer- 
ican Society for Judicial Settlement of International Disputes. 

Religious Education in the New World-View is the subject of an 
article by Edwin D. Starbuck which is published in pamphlet form 
by the Department of Religious Education of the American Uni- 
tarian Association. 

Among the papers in the January- April number of the Proceed- 
ings of the American Philosophical Society there is a brief article on 
Place and Personal Names of the Gosiute Indians of Utah, by 
Ralph V. Chamberlin. 

The Cavalry at the Siege of Harper's Ferry in 1862, by George 
B. Davis; and The Operations of the Balkan Armies, by R. A. 
Brown, are two articles which appear in the May number of the 
Journal of the United States Cavalry Association. 

Pamphlets published during the past three months by the Amer- 
ican Association for International Conciliation are : The Inter- 
parliamentary Union, by Christian L. Lange ; The Opportunity and 
Duty of the Press in Relation to World Peace, by William C. 
Deming; and Music as an International Language, by Daniel 
Gregory Mason. 



SOME PUBLICATIONS 



447 



The Land System in Maryland, 1720-1765, 18 the subject o£ a 
monograph by Clarence P. Gkrald which appears as a recent number 
of the Johns Hopkins University Studies in Historical and Political 
Science. The four chapters are devoted respectively to the granting 
of land, the charges on land, the management of land, and manors. 

Samuel Gompers is the writer of an article on Organized Labor's 
Representative Character, Including the Penalties of Industrial 
Ills, which occupies the opening pages of the American Federation- 
ist for May. In the July number Ethelbert Stewart presents an 
outline of Two Forgotten Decades in the History of Labor Organ- 
izations, 1820 to 1840. > " 

Continuations of the List of City Charters, Ordinances, and Col- 
lected Documents appear in the March and April numbers of the 
Bulletin of tie New York Public Library. In the May number- 
there is a Selected List of References Bearing on the City Plan of 
New York; while in the June number there are published some 
Papers Relating to Samuel Cornell, North Carolina Loyalist. 

A study of The Government of American Trade Unions, by 
Theodore W. Glocker, constitutes a recent number of the Johns 
Hopkins University Studies in Historical and Political Science. 
The monograph, which covers nearly two hundred and forty pages, 
is divided into three parts dealing respectively with the unit of 
government, the centralization of control, and the machinery of 
government. 

The Plan for a Compensated Dollar, by F. W. Taussig; The 
Tabular Standard in Massachusetts History, by Willard C. Fisher; 
The Dominance of the National Union in American Labor Organ- 
ization, by George E. Barnett; Tenancy in the Southern States, by 
Benjamin H. Hibbard; and The Economic Possibilities of Con- 
servation, by L. C. Gray, are articles in the May number of The 
Quarterly Journal of Economics. 

The Royal Scottish Academy, by John Stirling Maxwell; The 
Influence of the Convention of the Royal Burghs of Scotland on the 
Economic Development of Scotland Before 1707, by Theodora 



448 IOWA JOURNAL OF HISTORY AND POLITICS 



Keith; Original Charters of the Abbey of Cupar, 1219-1448, by 
James Wilson; and The Castle Campbell Inventory, by Niall D. 
Campbell, are contributions in the April number of The Scottish 
Historical Review. 

The following pamphlets have been published by the World 
Peace Foundation since March: Panama Canal Tolls: The Obliga- 
tions of the United States, by Elihu Root; Instructions to the 
American Delegates to the Hague Conferences 1899 to 1907, by 
John Hay and Elihu Root while Secretary of State; Washington, 
Jefferson and Franklin on War, by Edwin D. Mead ; and The Drain 
of Armaments, by Arthur W. Allen. 

In the April number of the National Municipal Review Charles 
F. Taylor writes on The March of Democracy in Municipalities; 
W. M. Prendergast tells about the New York City Finances; W. A. 
Somers discusses The Valuation of Real Estate for Taxation; Alice 
S. Tyler presents the status of The Public Library in Commission 
Governed Cities; and there are a number of other pertinent articles 
on municipal topics. 

No Immunity for Law Breakers, by James A. Emery ; and The 
Income Tax: Its Origin and Application, by Ludwig Nissen, are 
two articles in the May number of American Industries. Among 
the papers in the June number are: The Political Factor in the 
Industrial Unrest, by John Kirby, Jr. ; Shall the Decalogue be 
Repealed?, by James A. Emery; The Open Shop, by Joseph W. 
Bryce; and A Change in Our Monetary System, by Emory W. 
Clark. 

Under the heading of A Patriot's View of the Political Situation 
Immediately Following the Civil War Duane Mowry contributes a 
letter from the Doolittle correspondence to the March number of 
Americana. Two articles in the April number are: The Cavalier 
in America, by Lyon Gardiner Tyler; and Arbor Day and Its 
Founder, by John Howard Brown. In the May number, among 
other articles, there is a discussion of Religious Controversy as 
Effecting the American Revolution of 1776, by Samuel M. Levin. 



SOME PUBLICATIONS 



449 



Among the articles in the April number of the Yah Review may 
be mentioned the following: In the Defenses of Washington, by 
Thomas R. Lounsbury; The Woman of Tomorrow, by Gertrude 
Atherton; Shakespeare as an Economist, by Henry W. Farnarn ; 
The College and the Intellectual Life, by E. P. Morris; Dante as the 
Inspirer of Italian Patriotism, by William Roscoe Thayer; The 
Siege of Scutari, by Charles Arthur Moore, Jr. ; The Election and 
Term of the President, by Max Farrand; and A Speculation as to 
Disarmament, by Theodore S. Woolsey. 

Blaine Free Moore is the author of a monograph on The Supreme 
Court and Unconstitutional Legislation which has been published 
by Columbia University in its series of Studies in History, Eco- 
nomics, and Public Law. The three chapters deal respectively with 
the early attitude of the State courts towards declaring legislation 
unconstitutional, the attitude of the Supreme Court of the United 
States toward holding statutes unconstitutional, and an analysis of 
federal statutes held void by the Supreme Court of the United 
States. There are also a number of valuable appendices. 

President Wilson's Cabinet, by Albert Shaw; The New Spirit in 
Southern Farming, by E. E. Miller; Consumers' Cooperation — 
The New Mass Movement, by Albert Sonnichsen ; and Cooperation 
in Wisconsin, by Robert A. Campbell, are articles in the April 
number of The American Review of Reviews. In the May number, 
among other things, there is a biographical sketch of John Pierpont 
Morgan, by Sereno S. Pratt; and an article on Economic Recon- 
struction in the Balkan States, by Benjamin C. Marsh. In the June 
number Jesse Macy writes on The Swiss as Teachers of Democracy; 
Grant Hervey describes The "Young Australia" Movement; and 
Herman Rosenthal discusses America and the Chinese Loan. 

The Need of Social Statistics as an Aid to the Courts, by Walter 
F. Willcox ; Some Aspects of the Influence of Social Problems and 
Ideas Upon the Study and Writing of History, by Carl Becker ; Out- 
look for Social Politics in the United States, by Charles E. Merriam; 
and The Background of Economic Theories, by Simon N. Patten, are 
articles in the March number of The American Journal of Sociology. 



vol. xi — 29 



450 IOWA JOURNAL OF HISTORY AND POLITICS 



In the May number Roscoe Pound discusses Legislation as a Social 
Function; Eldon R. James points out Some Implications of Reme- 
dial and Preventive Legislation in the United States; and Edward 
T. Devine writes on Social Ideals Implied in Present American 
Programs of Voluntary Philanthropy. 

Providence Before 1850, by Stephen Farnum Peckham; Patrick 
Henry's Mother, by Jean Cabell O'Neill; The Controversy Over 
the Northivest Territory, by George Cowles Lay ; and The Mecklen- 
burg Declaratibn of Independence, by Archibald Henderson, are 
articles in The Journal of American History for the last quarter 
of 1912. In the first number of volume seven Francis Kieron 
writes on The Battle of Guilford Court House. Arndt M. Stickles 
discusses The Danish West Indies and American Ownership. Other 
articles are : The Citizen King in Kentucky, by Caroline W. Berry ; 
The Famous Boundary Dispute Between Rhode Island and Massa- 
chusetts, by George Cowles Lay; and Liquor Legislation in Con- 
necticut Colony, by Joel N. Eno. 

The March number of the Journal of the American Institute of 
Criminal Law and Criminology contains, among other things, a 
continuation of Edwin R. Keedy's study of Criminal Procedure in 
Scotland; an article on The Scientific Police, by Salvatore Ottolen- 
ghi; and a report on Insanity and Criminal Responsibility, by 
Edwin R. Keedy. Among the articles in the May number are: 
Scandalum Magnatum in Upper Canada, by William Ren wick Rid- 
dell; an article dealing with extradition in Pennsylvania, by Wil- 
liam H. Baldwin ; The Bases of Divorce, by John Lisle ; The Asso- 
ciation Method in Criminal Procedure, by Paul Menzerath; and 
Mental Types of Juvenile Delinquents, Considered in Relation to 
Treatment, by Clara Harrison Towne. 

Democracy and Literature is the topic discussed in an interesting 
manner by Archibald Henderson in the opening pages of The South 
Atlantic Quarterly for April. In an address on History and 
Patriotism William E. Dodd calls attention to the disregard for 
truth which has characterized much of the historical literature of 
the past, and points out the fact that true patriotism demands that 



SOME PUBLICATIONS 



451 



in the future the real facts of history shall be presented, with no 
attempt to support theories or prejudices. Paul Emerson Tits- 
worth is the writer of a biographical sketch of Marie von Ebner 
Eschenbach. Other articles are : General Lee in Grant 's Petersburg 
Progress, by Nellie P. Dunn; Recent Interpretations of American 
Life, by Edwin Mims ; and Military Criticism by General William 
R. Boggs, by William K. Boyd. 

Objections to a Monetary Standard Based on Index Numbers, by 
David Kinley ; The Commerce Court Question, by Samuel 0. Dunn ; 
Methods of Business Forecasting Based on Fundamental Statistics, 
by James H. Brookmire ; and The Tariff Board and Wool Legisla- 
tion, by William 6. Culbertson, are articles in The American Eco- 
nomic Review for March. The supplement to this number contains 
the Papers and Proceedings of the twenty-fifth annual meeting of 
the American Economic Association held at Boston in December, 
1912. Among the papers are : Population or Prosperity, the presi- 
dential address by Frank A. Fetter; A Remedy for the Rising 
Cost of Living — Standardizing the Dollar, by Irving Fisher; 
Banking Reform in the United States, by E. W. Kemmerer; a 
round table discussion of Farm Management, led by H. C. Taylor; 
Frontiers of Regulation and What Lies Beyond, by J. M. Clark; 
and The Economics of Governmental Price Regulation, by Chester 
W. Wright. 

Among the articles in The Survey during the past quarter are : 
Industrial Education and Democracy, by John Dewey ; and Labor 
Conditions and Interstate Commerce, by Adelbert Moot (March 
22) ; Why is the Pauper, by George Thomas Palmer; Compensation 
for Occupational Diseases, by John B. Andrews ; The Social Aim in 
Government, by Samuel McCune Lindsay; A Judge Lindsey in the 
<( Idle Forties", by Laura B. Everett; and Civil War in the West 
Virginia Coal Mines, by Harold E. West (April 5) ; Nation Wide 
Movement for Industrial Safety, by Ferdinand C. Schwedtman 
(April 19) ; The Washington Workmen's Compensation Act and its 
Critics, by Hamilton Higday; New York's New Labor Legislation, 
by Abram I. Elkins, and Work and Citizenship in Wisconsin, by 



452 IOWA JOURNAL OF HISTORY AND POLITICS 

H. E. Miles (June 21) ; Pensions for Mothers, by Edward T. De- 
vine ; The Reorganization of Social Work, by Simon N. Patten ; and 
Social Justice, by Prank Tucker (July 5). 

Prison Labor is the topic discussed in the March number of 
The Annals of the American Academy of Political and Social 
Science. Among the many articles on various phases of the subject 
are: The New Penology, by Theodore Roosevelt; the Wage-Earner 
and the Prison Worker, by John Mitchell; Women and Prison 
Labor, by Helen Varick Boswell; The Problem of Prison Labor, by 
Oswald West ; Convict Labor in Highway Construction, by Joseph 
Hyde Pratt ; and The Courts and Prison Labor, by George Cosson. 
County Government is the subject discussed in the May number of 
the Annals. Part one, has to do with types of county government 
such as are to be found in New England, Illinois, Missouri, and in 
the parishes of Louisiana. In part two there may be found articles 
on such problems in county government as politics, the civil service, 
the duties of various county officers, school affairs, charity, local 
taxation, and budgets. Part three deals with the plans of various 
States for the reorganization of county government. 

WESTERN 

In the number of The University of Colorado Studies issued in 
February there is an article on The Early Days of the University 
of Colorado, by James F. Willard. 

A study of Women in Trade Unions in San Francisco, by Lillian 
Ruth Matthews, was published in June in the University of Cali- 
fornia Publications in Economics. 

The Modernity of Tolstoy's Religion is the subject discussed by 
Abram Lipsky in an article in the April number of The Quarterly 
Journal of the University of North Dakota. 

A study of the Taxation of Corporations in Illinois Other Than 
Railroads, Since 1872, by Joel Roscoe Moore, occupies volume two, 
number one of the University of Illinois Studies in the Social 
Sciences. 



SOME PUBLICATIONS 453 

Volume one, number four of the University of Illinois Studies in 
the Social Sciences consists of a monograph on Friedrich Gentz an 
Opponent of the French Revolution and Napoleon, by Paul F. Reiff. 

Robert H. Lowie is the writer of a monograph on the Dance 
Associations of the Eastern Dakota which is published as volume 
eleven, part two of the Anthropological Papers of the American 
Museum of Natural History. 

Comparative Legislation Bulletin number twenty-five, issued by 
the Legislative Reference Department of the Wisconsin Library 
Commission contains a discussion of The Initiative and Referen- 
dum: State Legislation, by Charles Homer Talbot. 

The January-March number of The American Antiquarian and 
Oriental Journal opens with a continuation of A Study of Physiog- 
omy, by Robert Bennett Bean. Other articles are: Skull of the 
Stone Age, by W. Fenwick; Archaeological Work in Canada, by 
Harlan I. Smith ; and Wooden Monuments of the Northwest Coast 
Indians, by Felix J. Koch. 

Quarter of a Million Larger, by Clara Bosworth Castle ; and A 
History of Universities, by J. McKeen Catell, are articles in The 
Graduate Magazine of the University of Kansas for March. In the 
April number M. W. Sterling discusses Early K. U. Finances; while 
G. 0. Virtue presents an estimate of The "Merit" of a Teacher 
or a University in the May number. 

Some Developments of the American Stage During the Last 
Fifty Years, by William H. Crane ; Two Ideals of Government in 
American History, by E. I. McCormac; The Genesis of a Law 
School, by William Carey Jones ; and A Plea for the Larger Spirit 
of Cooperation in California, by Samuel B. Christy, are articles in 
The University of California Chronicle for April. 

The Development of Sentiment on Negro Suffrage to 1860 is the 
subject of a master's thesis by Emil Olbrich which is published as a 
number of the Bulletin of the University of Wisconsin. The writer, 
in the various chapters, deals with colonial practice and revolu- 
tionary principles, the period of reaction from 1790 to 1838, suf- 



454 IOWA JOURNAL OF HISTORY AND POLITICS 



frage and anti-slavery from 1838 to 1846, the struggle in the North- 
west from 1844 to 1857; and the Republican party and negro 
suffrage from 1857 to 1860. 

The Bureau of Research in Agricultural Economics at the Uni- 
versity of Minnesota has published a Social and Economic Survey 
of a Rural Township in Southern Minnesota, prepared by Carl W. 
Thompson and G. P. Warber. Work on the farm, business rela- 
tions, farmers' organizations, civic relations, roads, education, and 
religious and social activities are the topics covered. 

A book which is of Iowa interest is one which bears the title In 
Keokuk's Time -on the Kansas Reservation. The book is one of a 
series known as Green's Historical Series, compiled and published 
by Charles R. Green of Olathe, Kansas. Another book in the same 
series contains sketches of Early Days in Kansas. While funds 
have not been at the disposal of the publisher to put out this series 
in either attractive or permanent form he nevertheless deserves 
much credit for his work in recording the reminiscences of pioneers. 

A new western historical periodical, called Old Santa Fe: A 
Magazine of History, Archaeology, Genealogy and Biography, made 
its initial appearance in July. The magazine, which is edited by 
Ralph Emerson Twitchell, is published quarterly by the Old Santa 
Fe Press at Santa Fe, New Mexico, although the printing is done 
by the Torch Press at Cedar Rapids, Iowa. According to an edi- 
torial statement the magazine aims to be "a repository for the 
publication of documents, contributions, illustrative matter, anti- 
quities, and papers devoted to archaeological research, dealing with 
the history and archaeology of the Southwest". It has been adopt- 
ed as the official bulletin of the New Mexico Museum, the School of 
American Archaeology at Santa Fe, and the Historical Society of 
New Mexico. Two contributions take up the greater part of the 
first number, namely a monograph on New Mexico Under Mexican 
Administration 1821-1846, by Lansing Bartlett Bloom ; and a biog- 
raphy of Chief Justice Kirby Benedict, by Ralph Emerson Twitch- 
ell. The format of the new magazine is attractive. It covers a 
fascinating field and deserves hearty encouragement and support. 



SOMK PUBLICATIONS 



455 



IOWANA 

James Lawrey describes Spelling Fifty Years Ago in the April 
number of Midland Schools. 

A Pioneer Ferryman, by Edgar White, is an article which ap- 
pears in the June number of The Road-Maker. 

A biographical sketch of Carl Wilhelm Von Coelln is to be found 
in the May number of The Grinnell Review. 

Godfrey Durst relates The Story of Iowa's Early Flour Mills in 
the May number of Iowa Factories. In the June issue G. Walter 
Barr sets forth some Interesting Details About the Keokuk Dam. 

The memorial address on William Larrabee, delivered by William 
S. Kenyon on March 20, 1913, before a joint session of the General . 
Assembly of Iowa, has been privately printed in a neat pamphlet. 

Intensive Farming Reduces the Cost of Living, by George Wood- 
ruff, is an article in the April number of The Northwestern Banker. 
In the May number Tacitus Hussey presents an outline of The 
Banking History of Des Moines. 

In a Bulletin from the Laboratories of Natural History of the 
State University of Iowa published in April there is an article on 
An Artificial Prairie, by Bohumil Shimek, which is of considerable 
interest from the standpoint of Iowa history. 

Among the addresses and papers which are printed in the Pro- 
ceedings of the Fifty-Eighth Annual Session of the Iowa State 
Teachers' Association are the following: The Need for More and 
Better Facilities for Training Teachers, by Alice Dilley ; and Fac- 
tors in the Development of a Greater Iowa, by Albert M. Deyoe. 

Continuations of the article on Religious Beliefs of the American 
Indians, by H. A. Stebbins, appear in the April, May, and June 
numbers of Autumn Leaves. In the April and June issues there are 
installments of the Biography of Alexander Hale Smith, by Inez 
Smith ; while a series of articles on Government, by S. A. Burgess, 
is begun in May and continued in June. 



456 IOWA JOURNAL OF HISTORY AND POLITICS 



Among the articles which have appeared in The Iowa Alumnus 
during the past quarter are : Frank B. Tracy, by Guido H. Stempel 
(March) ; Twenty Years Ago, by Edwin L. Sabin (April) ; Spring- 
time Romances, by Randall Parrish (May) ; and Commencements in 
the Past, by Emerson Hough (June). 

American Municipalities for April contains among other things, 
an article ion The Commission Plan of City Government, by J. W. 
Mayer ; and a discussion of Public Safety and Commission Govern- 
ment, by John J. Ryder. In the May number The Iowa Legislature, 
by Frank" G. Pierce ; Success of Municipal Ownership, by L. D. 
Wright ; and the Report of the Committee on Judicial Opinions, by 
James B. Newman, are among the contents. 

Ames Representation in the Legislature, by Charles W. Hunt; 
Reminiscences of Joseph Meredith, by W. M. Scott; and The Liter- 
ary Societies of the Seventies, by the same writer, are articles in the 
May number of The Alumnus published at the Iowa State College 
at Ames. In the June number Elizabeth Maclean presents Some 
Glimpses of the Past at Iowa State College, and there are Bio- 
graphical Sketches of the Board of Education. 

The April number of the J ournal of History published at Lamoni 
by the Reorganized Church of Jesus Christ of Latter Day Saints 
opens with a Biography of William 0. Clark, by Julia R. Short. 
There are continuations of the Biography of Joseph F. Burton, by 
Emma B. Burton ; the Autobiography of Elder Charles Derry; and 
the Biography of Alexander H. Smith, by Vida E. Smith. The 
closing article is one by Heman C. Smith, entitled The Pathfinder: 
The Historic Background of Western Civilization. 

An interesting item of Iowana is The History of the First Na- 
tional Bank in the United States recently published by Rand Mc- 
Nally & Co. It is probably a fact not generally known that the 
first bank to open its doors under the provisions of the National 
Bank Act of 1863 was located at Davenport, Iowa, and began busi- 
ness on June 29th in that year. The book has chapters on early 
banking under State laws, early banking in Davenport, the Na- 
tional Bank Act, and the history of the First National Bank of 



SOME PUBLICATIONS 



457 



Davenport, as well as biographical sketches of persons who have 
been connected with the hank during its history. In this list are 
such well known names as James Grant, Hiram Price, Charles E. 
Putnam, John F. Dillon, and Albert P. Dawson, the present Presi- 
dent of the bank. In appendices may be found lists of officers and 
directors and statements of financial condition. 

SOME RECENT PUBLICATIONS BY IOWA AUTHORS 

Alderman, Alva Bruce, 

Students' History of the United States. Marion, Iowa: Edu- 
cator Publishing Co. 1913. 
Beard, James Thorn., 

Practical Mine Ventilation. New York: Hill Publishing Co. 

1913. 

Betts, George Herbert, 

New Ideals in Rural Schools. Boston : Houghton Mifflin Co. 

1913. 

Bopp, Clinton Le Roy, 

Bopp Automatic Signalling Systems. Hawkeye, Iowa: Pub- 
lished by the Author. 1913. 
Gillette, Halbert Powers, 

Handbook of Cost Data. Chicago : M. C. Clark Publishing Co. 

1913. 
King, Irving, 

Education for Social Efficiency: A Study in the Social Rela- 
tions of Education. New York : D. Appleton & Co. 1913. 
Koren, John, 

Summaries of Laws Relating to the Committment and Cure of 
the Insane in the United States. New York : National Com- 
mittee for Mental Hygiene. 1913. 
McGee, W J, 

Wells and Subsoil Waters. Washington: Government Print- 
ing Office. 1913. 
MacLean, George Edwin, 

Present Standards of Higher Education in the United States. 
Washington : Government Printing Office. 1913. 



458 IOWA JOURNAL OF HISTORY AND POLITICS 



Macy, Jesse, 

Political Science. Chicago : Chicago Civics Society. 1913. 
Meyerholz, Charles H., 

History and Government of Iowa. Boston : Educational Pub- 
lishing Co. 1912. 
Parrish, Randall, 

The Air Pilot. Chicago : A. C. McClurg & Co. 1913. 
Pratt, H. M., 

History of Fort Dodge and Webster County, Iowa. Chicago : 
The Pioneer Publishing Co. 1913. 
Robbins, Edwin Clyde, 

Selected Articles on the Commission Plan of Municipal Gov- 
ernment (Enlarged Edition). Minneapolis: H. W. Wilson 
Co. 1913. 

Selected Articles on Reciprocity. Minneapolis : H. W. Wilson 
Co. 1913. 
Simms, P. Marion, 

What Must the Church Do To Be Saved? New York and 
Chicago : Fleming H. Revell Co. 1913. 
Trowbridge, Arthur C. (Joint author), 

Laboratory Exercises in Structural and Historical Geology. 
New York : Henry Holt. 1913. 
Whitcomb, Seldon L., 

Random Rhymes and the Three Queens. Grinnell, Iowa : The 
Herald Publishing Co. 1913. 
Williams, Edward H., 

The Walled City. New York : Funk & Wagnalls. 1913. 
Woodhouse, J. S., 

The Fugitive. Cedar Rapids : The Torch Press. 1913. 

SOME RECENT HISTORICAL ITEMS IN IOWA NEWSPAPERS 

The Register and Leader 

Sketch of Life of C. W. Payne of Henry County, April 6, 1913. 
James Shepherd and the First Democratic Paper in Iowa, April 13, 
1913. 



SOME PUBLICATIONS 



459 



Groves-Lincoln Monument at Webster City, April 13, 1913. 
Fred L. Barnett Collection Given to the State of Iowa, April 13, 
1913. 

Iowa Women Helped Make Mt. Vernon Preservation Possible, 
April 27, 1913. 

Spirit Lake Woman Who Knew Queen Victoria and Gladstone, 

May 4, 1913. 
A Night on an Iowa Prairie, May 4, 1913. 

History of an Interesting and Successful Iowa Circus Family, May 
4, 1913. 

Sketch of Life of Warren S. Dungan, May 11, 1913. 
When Fort Dodge Won the County Seat, May 11, 1913. 
General Winslow Coming Back to Iowa, May 11, 1913. 
Many Harrison County Men and Women Nationally Eminent, May 
18, 1913. 

Iowa Woman Related to Colonel Anderson of Fort Sumter, May 18, 
1913. 

Some Military Roads of Northeastern Iowa, May 18, 1913. 
Article on Encampment of G. A. R, at Des Moines, June 1, 1913. 
Little Brown Church in the Vale, June 1, 1913. 
Iowa Boy's Tale of Civil War Events, by Charles C. Wentzler, June 
8, 1913. 

Daniel McCarty of Ames, One of the Pioneers of Central Iowa, 
June 8, 1913. 

Daniel Justice, Pioneer, by L. F. Andrews, June 8, 1913. 
Some of the Agricultural Machinery of Pioneer Days in Iowa, June 
8, 1913. 

Louisa County, Iowa, Most Prolific Home of Prehistoric Mounds, 

June 8, 1913. 
Stage Driving in Iowa in Early Days, June 8, 1913. 
W. W. Witmer Tells of Lincoln Day on Battlefield of Gettysburg, 

June 29, 1913. 

The Burlington Hawk-Eye 

In Old Burlington. (In each Sunday Issue.) 

Sketch of Life of Samuel Freeman Miller, April 6, 1913. 



460 IOWA JOURNAL OF HISTORY AND POLITICS 



When Burlington Suffered Disastrous Storm and Flood, April 13, 
1913. 

The Local Storm of 1866 Outclassed by That of 1876, April 20, 1913. 
The Worst Flood of All in Hawkeye Creek, April 27, 1913. 
Remarkable Tales of Shiloh Battlefield, April 27, 1913. 
The Truceless War, by W. P. Elliott, April 27, 1913. 
The Valley of Floods, by Philip Grant Davidson, May 4, 1913. 
A Memento of Lookout Mountain, by W. P. Elliott, May 4, 1913. 
Interesting Glimpses of Burlington, by Dan E. Clark, May 18, 1913. 
Three Thrilling War Tableaus, by W. P. Elliott, May 18, 1913. 
Early Day Steamboat Race on the Des Moines River, June 1, 1913. 
A. A. Perkins, Burlington Veteran, June 15, 1913. 
Bronze Tablet in Memory of Seven Pioneer Residents of Burling- 
ton, June 22, 1913. 



HISTORICAL SOCIETIES 



PUBLICATIONS 

The Boone-Byan History, by J. D. Ryan, is a booklet issued by 
the Kentucky State Historical Society. 

Johnson Brigham's Pioneer History of the Territorial and State 
Library of Iowa has been reprinted from the Annals of Iowa. 

Medford's Postmasters, by Irving B. Farnum; and The River's 
Death Toll, by Eliza M. Gill, are two contributions in the April 
number of The Medford Historical Register. 

Two articles in the March-April number of Records of the Past 
which deal with American archaeology and history are: A Wis- 
consin Collection, by Charles E. Brown; and A Cayuga Memorial, 
by Grace Ellis Taft. 

A supplement to the April number of The New England His- 
torical and Genealogical Register contains the proceedings of the 
New England Historic Genealogical Society at the annual meeting 
held on February 5, 1913. 

The Biennial Report of the State Historical and Natural History 
Society of Colorado for 1911 and 1912 indicates progress in the 
work of the Society, including over sixteen hundred accessions to 
the library and collections. 

Spanish Activities on the Lower Trinity River, 1746-1771, is the 
subject of a forty-page monograph by Herbert E. Bolton which is 
given first place in the April number of The Southwestern His- 
torical Quarterly. Then follows a critical discussion of the Causes 
and Origin of the Decree of April 6, 1830, by Alleine Howren. 
Finally, there is a short installment of the Correspondence from the 
British Archives Concerning Texas, 1837-1846, edited by Ephraim 
Douglass Adams. 

461 



462 IOWA JOURNAL OF HISTORY AND POLITICS 



The Councils of Proprietors of New Jersey, by John R. Steven- 
son; and some documents relative to The Separation of New Jersey 
from New York are among the contents of the Proceedings of the 
New J ersey Historical Society for January. 

A monograph on Kent County and Kent Island, 1656-1662, by 
Bernard C. Steiner, is the opening contribution in the March issue 
of the Maryland Historical Magazine. Then follow continuations 
of the Letters of Rev. Jonathan Boucher and of Land Notes, 1634- 
1655. 

The South Carolina Historical and Genealogical Magazine for 
April is taken up with continuations of the study of The Baronies 
of South Carolina, by Henry A. M. Smith; The Register of St. 
Andrew's Parish, edited by Mabel L. Webber; and the Order Book 
of J ohn Faucheraud Grimke. 

Stories of an African Prince, by John A. Lomax; Bagobo Myths, 
by Laura Watson Benedict ; European Folk-Tales Collected Among 
the Menominee Indians, by Alanson Skinner; and European Folk- 
Tales Among the Penobscot, by Frank G. Speck, are articles in the 
January-March number of The Journal of American Folk-Lore. 

The Year Book of the Pennsylvania Society for 1913 contains, 
among other things, the following addresses : The Theory of Consti- 
tutional Government in 1787 and at the Present Time, by George 
W. Wickersham; The Constitution of the United States, by James 
Bryce; The States Under the Constitution, by Job E. Hedges; and 
The United States: The People's Charter, by William B. Borah. 

Our Heritage of History and Our Duty as Trustees of the Past, 
is the subject of an address by Henry Van Dyke which opens the 
Journal of the Presbyterian Historical Society for March. Another 
contribution is to be found in the Letters and Reports of the Rev. 
John Philip Boehm, translated and edited by William J. Hinke. 
Two articles in the June number are : Historical Notes of the Pres- 
byterian Church of Shrewsbury, N. J., by R. Taylor; and The 
Heidelberg Catechism and Its 350th Anniversary in 1913, by James 
I. Good. 



HISTORICAL SOCIETIES 



463 



The January-April number of th<^ German American Annals 

contains continuations of the biography of Friedrich Armand 
Strubberg, by Preston A. Barha; and of the study of The German 
Drama in English on the Philadelphia Stage, by Charles F. Brede; 
together with a brief sketch dealing with German in the Public 
Schools, by Marion Dexter Learned. 

Four contributions occupy the greater part of the September, 
1912, number of The Quarterly of the Oregon Historical Society, 
namely : The Trail of the Astorians, by J. Neilson Barry ; Reminis- 
cences of Seventy Years, by William Barlow ; The Barlow Road, by 
Walter Bailey; and John C. Calhoun as Secretary of War, 1817- 
1825, by Frances Packard Young. 

The Washington Historical Quarterly for April opens with A 
Survey of Alaska, 1743-1799, by Frank A. Golder. Thomas W. , 
Prosch describes Washington Territory Fifty Years Ago; Camilla 
Thomson Donnell tells of Early Days at White Salmon and the 
Dalles; and Guy Vernon Bennett discusses the Early Relations of 
the Sandwich Islands to the Old Oregon Territory. 

Daniel Boone in the Kanawha Valley, by W. S. Laidley; Ken- 
tucky Volunteers in the Texas Revolution, by James E. Winston; 
Siege of Fort Meigs, and "Dudley's Defeat", by A. C. Quisen- 
berry; and The First Pioneer Families of Virginia, by the same 
author, are contributions in the May number of The Register of the 
Kentucky State Historical Society. 

The Colorado River Campaign 1781-1782: Diary of Pedro Pages, 
edited by Herbert Ingram Priestley, constitutes volume three, 
number two of the Publications of the Academy of Pacific Coast 
History. The diary, which is printed both in Spanish and in 
English translation, contains the record of an expedition against 
the Yuma Indians who had risen against the Spaniards. 

Jessie McHarry is the writer of a fifty-page biography of John 
Reynolds which opens the April number of the Journal of the Illi- 
nois State Historical Society. J. F. Snyder writes on Fort Kas- 
kaskia; H. C. Connelly presents some Recollections of the War 



464 IOWA JOURNAL OF HISTORY AND POLITICS 



Between the States; and there is a list of Soldiers of the American 
Revolution Who Are Buried in Illinois, prepared by Mrs. E. S. 
Walker. 

Sundry Landmark Notabilia of our Society, by William J. Mc- 
Callen; Life of Conwell of Philadelphia, by the late Martin I. J. 
Griffin; Following the Conquist adores, by Francis P. Siegfried; 
and An Old-Time Matron and Convert from Presbyterianism : Mrs. 
Rachel (Harvey) Montgomery, by Thomas Cooke Middleton, are 
articles in the March number of the Records of the American Cath- 
olic Historical Society. 

Volume three, number one of the Publications of the Academy of 
Pacific Coast History, published in March, is devoted to The Anza 
Expedition of 1775-1776: Diary of Pedro Font, edited by Frederick 
J. Teggart. The diary, which is both interesting and valuable, is 
printed in the original Spanish as well as in English translation, 
and is an important source for the study of the founding of San 
Francisco. 

The Historical Collections of the Essex Institute for April con- 
tains, among other things, transcripts of the records of Auction 
Sales in Salem, of Shipping and Merchandise, During the Revolu- 
tion; a number of Newspaper Items Relating to Essex County; a 
continuation of Salem Town Records; and another installment of 
Alfred Poore's account of A Genealogical-Historical Visitation of 
Andover, Mass., in the Year 1863. 

The extracts from The Randolph Manuscript which appears in 
The Virginia Magazine of History and Biography for April consists 
of a continuation of the commission and instructions issued to the 
Earl of Orkney for the government of Virginia. The principal 
documents printed under the heading of Virginia in 1667-1676 
concern the case of Giles Bland. The Pension Declaration of Major 
Thomas Massic is another contribution. 

Among the addresses and papers found in the Proceedings of the 
Thirteenth Annual Session of the State Literary and Historical 
Association of North Carolina are the following: The Historical 



HISTORICAL SOCIETIES 



465 



Foundations of Democracy in North Carolina, by Et. D. W. Connor; 
Neglected Phases of North Carolina History, by W. K. Boyd ; 
Democracy and Literature, by Archibald Henderson; County Rec- 
ords as Sources of Local History, by Frank Nash and Charles L. 
Coon ; and Nathaniel Macon, by Josephus Daniels. 

The Annals of Iowa for January opens with an article on The 
Stampede from General Weaver in the Republican Convention of 
1875, by James S. Clarkson. Some Characteristics of Gen. U. S. 
Grant, are pointed out by Grenville M. Dodge. About forty pages 
are occupied by a continuation of Johnson Brigham's Pioneer 
History of the Territorial and State Library of Iowa. Finally, 
Edward H. Stiles in his series of articles on Prominent Men of 
Early Iowa deals with the lives of Henry 'Connor and David C. 
Cloud. 

A second installment of The Story of the Civil War in Northeast 
Missouri, by Floyd C. Shoemaker, appears in the April number of 
the Missouri Historical Review. John L. Thomas presents a brief 
sketch of Old Landmarks of Jefferson County. An article on The 
" Slicker War" and Its Consequences, by J. W. Vincent, deals with 
the efforts of Missouri pioneers to drive out desperadoes and out- 
laws. Some episodes in the career of General Jo. 0. Shelby are 
related by S. A. Wright ; and there is a sketch of Early Railroads in 
Missouri, by G. C. Broadhead. 

The Meeting of the American Historical Association at Boston 
and Cambridge is described in detail in the opening pages of The 
American Historical Review for April. Then follows Theodore 
Roosevelt's presidential address on History as Literature. The 
other articles are: Profitable Fields of Investigation in Medieval 
History, by J. W. Thompson ; Columbus a Spaniard and a J ew, by 
Henry Vignaud; Wednesday, August 19, 1812, 6:30 p. m. the Birth 
of a World Power, by Charles Francis Adams ; and Profitable Fields 
of Investigation in American History, 1815-1860, by William E. 
Dodd. Under the heading of Documents there is a second install- 
ment of the Correspondence of the Russian Ministers in Wash- 
ington. 

vol. xi — 30 



466 IOWA JOURNAL OF HISTORY AND POLITICS 



The following historical papers appear in the Proceedings of the 
State Historical Society of Wisconsin at the annual meeting in 
October, 1912 : Genesis of the Kansas-Nebraska Act, by Frank Hey- 
wood Hodder; Captain Jonathan Carver: Additional Data, by John 
Thomas Lee ; The Capture of Mackinac in 1812, by Louise Phelps 
Kellogg; William PcfwelVs Recollections; Pioneers and Durham 
Boats on Fox River, by John Wallace Arndt ; The Supreme Court 
of Wisconsin Territory, by Robert George Siebecker; and House 
Miscellaneous Papers in the Library of Congress, by Asa C. Tilton. 

Under the heading of The Ohio Frontier in 1812 there appears in 
the April number of the Ohio Archaeological and Historical Quar- 
terly a diary of the Indian congregation at Goshen on the Mus- 
kingum River, for 1812, written by Benjamin Mortimer, an English- 
man who several years earlier had joined the Moravians in America. 
The Dedication of the Logan Elm on October 2, 1912, is described 
in an illustrated article by May Lowe. Marking the Old ce Abolition 
Holes" and Fort Hill Indian Cemetery are two articles by Felix J. 
Koch. The Sandusky Forts, by Charles A. Hanna; and The Evolu- 
tion of the Ohio-Erie Boundary, by Reginald C. M'Grane, are other 
contributions. 

« 

The January-March number of the Quarterly Publication of the 
Historical and Philosophical Society of Ohio contains a brief but 
interesting study of the Relation of Southern Ohio to the South 
During the Decade Preceding the Civil War, by David Carl Shil- 
ling. The writer deals with the nativity of the pioneers of southern 
Ohio and the political activities of the souther-born element, the 
attitude of the people toward the negro, the commercial and re- 
ligious relations between the region on the north bank of the Ohio 
River and the region on the south, and the call to arms. A number 
of maps show the politics of various parts of Ohio during the recade 
covered. 

ACTIVITIES 

The Kentucky State Historical Society held its annual meeting 
at Frankfort on June 7, 1913. 



HISTORICAL SOCIETIES 



467 



The large and valuable collection of papers of Grenville M. 
Dodge has been definitely deposited in the Historical Department 
of Iowa at Des Moines. 

The Historical Department of Iowa and the Polk County Pio- 
neers' Club are planning to erect a tablet over the grave of William 
Alexander Scott, who donated the ground on which the State cap- 
itol building is located. 

The Illinois State Historical Society held its annual meeting at 
Springfield on May 15th and 16th. A special feature of the meet- 
ing was an address in commemoration of the one-hundredth anni- 
versary of the birth of Stephen A. Douglas. 

The Maryland Historical Society held its annual meeting on 
February 10, 1913. At this time Mr. Mendes Cohen retired from 
the office of President which he has held for many years and Mr. 
Edwin Warfield was elected as his successor. 

During the two-year period ending November 30, 1912, the North 
Carolina Historical Commission received many valuable additions 
to its manuscript collections. Among the prospected publications is 
a documentary history of the private schools of the State from 1790 
to 1840. 

At the annual meeting of the Texas State Historical Association 
held on March 3, 1913, Z. T. Fulmore was elected President ; Miss 
Katie Daffan, Mrs. A. B. Looscan, Beauregard Bryan, and Edward 
W. Huesinger, Vice Presidents; and Charles W. Ramsdell, Cor- 
responding Secretary and Treasurer. 

At the beginning of the present year the membership of the 
Minnesota Historical Society numbered 422. The number of ac- 
cessions in the library had reached 108,975, in addition to 9641 
bound newspapers. Among the publications in preparation are two 
volumes dealing with Minnesota geographic names. 

The Michigan Historical Commission has taken over the publish- 
ing activities of the Michigan Pioneer and Historical Society. The 
main work of the Society in the future will be the organization of 



468 IOWA JOURNAL OF HISTORY AND POLITICS 

local historical societies and the stimulation of interest in State and 
local history by the holding of annual and mid-winter meetings. 
The thirty-ninth annual meeting was held at Lansing on June 4th 
and 5th. 

The membership of Ihe Essex Institute numbered 587 on April 
30, 1913. During the preceding year there were over thirty thou- 
sand visitors to the museum, and ten free lectures were given. The 
accessions to the library during the same year amounted to nearly 
three thousand volumes and over eight thousand pamphlets. 

The annual meeting of the Virginia Historical Society was held 
on February 15, 1913. The membership of the Society now numbers 
768, which is a gain of ten over the number at the previous annual 
meeting. During the past year 569 books and pamphlets were 
added to the library. The following officers were chosen for the 
ensuing year: President, W. Gordon McCabe; Vice Presidents, 
Archer Anderson, Edward V. Valentine, and Lyon G. Tyler; Cor- 
responding Secretary and Librarian, William G. Stanard ; Record- 
ing Secretary, David C. Richardson; Treasurer, Robert A. Lan- 
caster, Jr. 

The sixth annual meeting of the Mississippi Valley Historical As- 
sociation was held at Omaha, Nebraska, May 8 to 10, 1913. Joint 
sessions were held with the Nebraska State Historical Society and 
the Nebraska History Teachers' Association. Among the papers 
read of this meeting were : Economic Factors in the Acquisition of 
Louisiana, by Louis Pelzer; Economic Basis of the Greenback 
Movement, by Clyde 0. Ruggles; Asa Whitney: Father of Pacific 
Railroads, by Nelson H. Loomis; At the Meeting of the Trails: the 
Romance of a Parish Register, by Reuben Gold Thwaites ; The West 
During the Last Years of the Revolution, by James A. James. At 
the business meeting Professor James Alton James was elected 
president, and it was voted that the Association should undertake 
the publication of a quarterly magazine or journal. 

THE STATE HISTORICAL SOCIETY OF IOWA 

The membership of The State Historical Society of Iowa has now 
passed the six hundred mark. 



historical SOCIETIES 



The annual meeting of the Society was held on the evening of 
June 24th, and the members of the Hoard of ('orators who have 
served during the past year were reelected. 

Mr. Louis H. Brown has succeeded Mr. Clifford Powell as General 
Assistant in the Society. Mr. Powell graduated in June from the 
College of Law of the State University of Iowa and will now take 
up the practice of law. 

At the meeting of the Board of Curators on July 9th the officers 
who have served during the past year were reelected, namely: Mr. 
Euclid Sanders, President; Dr. F. E. Horack, Secretary; and Mr. 
Paul A. Korab, Treasurer. 

The Superintendent, Dr. Benj. F. Shambaugh, represented the 
Society at the annual meeting of the Mississippi Valley Historical 
Association at Omaha in May. Dr. Louis Pelzer and Professor F. C. 
Ensign, both members of the Society, appeared on the program. 

The following persons have recently been elected to membership 
in the Society : Mr. Claus L. Anderson, Stanton, Iowa ; Mr. William 
B. Keffer, Des Moines, Iowa; Miss Caroline M. Noteboom, Java, 
South Dakota; Miss Charlotte M. Noteboom, Java, South Dakota; 
Mr. S. F. Rederus, Farley, Iowa; Mr. R. E. Twitchell, East Las 
Vegas, New Mexico ; Mr. P. D. Van Oosterhout, Orange City, Iowa ; 
Mr. W. J. Ainsworth, West Union, Iowa ; Mr. D. B. Allen, Arling- 
ton, Iowa; Mr. Chas. R. Brenton, Dallas Center, Iowa; Mr. Johnson 
Brigham, Des Moines, Iowa; Hon. Maurice Connolly, Dubuque, 
Iowa ; Mr. Nathaniel French, Davenport, Iowa ; Mr. Hiram Heaton, 
Glendale, Iowa; Miss Mary K. Heard, Iowa City, Iowa; Mr. E. C. 
Perkins, Delhi, Iowa; Mr. E. E. Reed, Monticello, Iowa; Mr. H. W. 
Spaulding, Grinnell, Iowa ; Mr. Wm. Theophilus, Davenport, Iowa ; 
Mr. Jno. N. Birdsall, Alden, Iowa ; Mrs. Mattie E. Calbreath, Line- 
ville, Iowa ; Mr. A. C. Clapp, Harlan, Iowa ; Mr. Arthur D. Cole- 
man, Farragut, Iowa; Dr. H. M. Hamblin, Washington, D. C. ; Mr. 
B. J. Lambert, Iowa City, Iowa ; Miss Helene Landsberg, Iowa City, 
Iowa ; Mr. C. H. Luecke, Harlan, Iowa ; Mr. Charles G. Marshall, 
Corning, Iowa; Mr. H. G. Moore, Wellman, Iowa; Mr. Chas. W. 
Mullan, Waterloo, Iowa ; Mr. C. G. Saunders, Council Bluffs, Iowa ; 



470 IOWA JOURNAL OF HISTORY AND POLITICS 

Rev. Chas. Cecil Smith, Farragut, Iowa; Mr. Harry Thompson, 
Earling, Iowa ; Mr. Blake V. Willis, Perry, Iowa ; and Mr. Herman 
J. Zeuch, Davenport, Iowa. ^ 

RESEARCH WORK IN THE SOCIETY 

Research work along many lines is being carried on in the rooms 
of The State Historical Society of Iowa during the present summer 
months. In addition to the regular research staff of the Society a 
number of men from various schools and colleges in Iowa and other 
States have taken up residence in Iowa City for the summer and 
are conducting investigations under the direction of the Superin- 
tendent. 

Professor F. E. Haynes of Morningside College is making a study 
of the third party movements in Iowa history. Professor F. H. 
Garver of the Montana State Normal at Dillon, Montana, is com- 
pleting his work on the history of county government in Iowa. 
Further investigations along the line of the history of poor relief in 
Iowa are being made by Professor John L. Gillin of the University 
of Wisconsin. Mr. Karl J. Knoepfler of Cedar Falls is pursuing 
his study of the "Half Breed Tract" ; and Professor 0. T. Hokaasen 
of the Iowa State College at Ames is doing preliminary work along 
the line of the part played by Iowa men in Congress. Mr. 0. K. 
Patton of Iowa City is writing a history of marriage and divorce 
legislation in Iowa. 

The largest single piece of research is that being conducted by 
Dr. Clarence R. Aurner of the regular staff of the Society. Dr. 
Aurner is writing a history of education in Iowa which, when com- 
pleted, will probably occupy six volumes. Mr. Louis T. Jones has 
about finished his history of the Quakers in Iowa. Other lines of 
research are being carried on by Professor Frank E. Horack, Mr. 
Jacob Van der Zee, and Dr. Dan E. Clark. 



/ 



NOTES AND COMMENT 



Mrs. Clara V. Weaver, widow of the late Gen. James B. Weaver, 
died in Des Moines on July 7, 1913. 

A monument on the site of Fort John, built by the early settlers 
at the time of the Indian scare of 1854, was unveiled at Janesville, 
Iowa, on June 21st. 

Sixteen medals were awarded this year by the Iowa Sons of the 
American Revolution to students in the various colleges of Iowa 
who ranked highest in the study of American history. 

The last General Assembly of Iowa passed a law providing for the 
granting of pensions to survivors of the famous Spirit Lake Expe- 
dition. Five persons have thus far applied for pensions under this 
law. 

A tablet to the memory of William Salter, George Temple, Wil- 
liam B. Remey, Bernhart Henn, Anthony W. Carpenter, William 
F. Coolbaugh, and Levi Hager, all pioneer residents of Burlington, 
was installed at the Historical Department at Des Moines on June 
17th. The tablet was provided for in the will of the late Edward 
Ames Temple. 

The Old Palace of the Governors at Santa Fe, New Mexico, which 
dates back over three hundred years to the early days of the Spanish 
regime, has been repaired and restored as nearly as possible to its 
original appearance. This historic building, one of the oldest in 
America, is now the home of the Museum of New Mexico, the School 
of American Archaeology, and the Historical Society of New 
Mexico. 

The Fourth of July was very fittingly celebrated at Lincoln, Ne- 
braska, by a historical pageant depicting in a number of scenes the 
history of the State. There were nineteen floats in all, representing 

471 



472 IOWA JOURNAL OF HISTORY AND POLITICS 

the Indians in camp and on hunting trips, the purchase of Louisi- 
ana, the Lewis and Clark expedition, the fur traders, military life in 
the West, the missionaries, the Mormons, the days of the freighters; 
the pony express, and various other phases of pioneer life. 

The forty-second annual reunion of the Old Settlers Association 
of Cedar County was held at Tipton on June 10, 1913. The follow- 
ing persons were in attendance, the year indicating the year in 
which each person settled in Cedar County: Samuel P. Foy (1838), 
Charles W. Carl (1838), Thomas Gray (1839), James H. Fulwider 
(1839), Mrs. Catherine Hall (1839), Alexander Moffit (1840), Mrs. 
Ellen McClure (1842), John P. Mathews (1842), Margaret Birely 
Huber (1843), Peter McNee (1843), Mrs. John Mason (1843), 
William Murray (1845), Mrs. Angelina Walters (1846), Amanda 
Walters (1847), W. L. Van Meter (1847), Mrs. Robert Gaige 
(1848), John W. Reeder (1850), W. B. Reeder (1850), A. C. 
Reeder (1850), Mrs. Fred Hecht (1850), Mrs. J. W. Argo (1850), 
and William Elliott (1850). 

TABLET DEDICATED AT FAYETTE 

At Fayette, Iowa, on the 10th of June, 1913, during commence- 
ment week at Upper Iowa University, there was dedicated a bronze 
memorial tablet, bearing the names of a group of students who 
went from that school into the army in the fall of 1861 as members 
of the Twelfth Iowa Infantry. 

On September 15, 1861, in response to a call, a meeting was held 
in the college chapel, which was largely attended by students and 
instructors. After several patriotic speeches twenty-two names 
were quickly enrolled, thus forming the nucleus of what became 
Company C of the Twelfth Infantry. On the following day the 
boys separated to their respective homes for the purpose of securing 
recruits, returning by agreement in one week, when they were able 
to report one hundred and one names, including the original en- 
rollment. Just thirteen days after the meeting in the chapel the 
company was accepted by Governor Kirkwood, and just one month 
from the day of the chapel meeting the company marched in lumber 
wagons to Manchester, the nearest railway station, on its way to 



NOTES AND COMMENT 



473 



Camp Union at Dubuque. Of the original chapel enrollment two 

went into other regiments and one was rejected, leaving nineteen of 
the originals. Later, other Upper Iowa students joined the regi- 
ment, finally swelling the number in the Twelfth Infantry to 
twenty-six. 

The following is the list of names on the tablet, without designa- 
tion of rank : 

William W. Warner, David B. Henderson (later Speaker of the 
United States House of Representatives), George W. Cook, Henry 
J. Grannis, James Barr, David W. Reed, Philo R. Wood, Frank W. 
Moine, Daniel D. Warner, Henry 0. Curtis, G. Irwin Comstock, 
John E. Kent, Samuel C. Beck, Abner C. Bushnell, Andrew J. 
Davis, Leroy Lewis, Albert P. Munger, Henry C. Smith, Jacob R. 
Smith, Edward H. Adams, John Hazlet, Joseph W. Rich, Nelson B. 
Burdick, Frank Comstock, Robert Z. Latimer, and John P. Strong. - 

The dedication ceremonies, presided over by Comrade Joseph W. 
Rich, were very simple, the main feature being an address by Com- 
rade Philo R. Wood. Mr. Wood told of the organization of the 
company, and of the making of a flag by the young women of the 
school and its presentation by them to a young man of their own 
choice. The tablet was unveiled by Misses Dorothy and Blythe 
Parker, granddaughters of the first surgeon of the regiment. The 
presiding officer presented the tablet to the Trustees of the Univer- 
sity, and the response was made by President R. Watson Cooper. 

In the presentation speech it was suggested that it would be pe- 
culiarly fitting for the young women of the University to erect a 
monument over the grave of Sergeant Henry J. Grannis in com- 
memoration of his devotion , to the flag given into his care by the 
women of the University fifty years before. 

Only six or seven of the comrades whose names appear on the 
tablet are now living and only three were present at the ceremonies. 
The memorial tablet is the gift of Henry C. Curtis, whose name 
appears thereon. 



CONTRIBUTORS 



Louis Pelzer, Assistant Professor of American History in 
The State University of Iowa. (See The Iowa Journal of 
History and Politics for January, 1913, p. 142.) 

Jacob Van der Zee, Besearch Associate in The State His- 
torical Society of Iowa. (See The Iowa Journal of History 
and Politics for January, 1913, p. 142.) 

Clifford Powell, General Assistant in The State Historical 
Society of Iowa. (See The Iowa Journal of History and 
Politics for April, 1913, p. 302.) 



THE STATE HISTORICAL SOCIETY OF IOWA 



Established bt Law in the Teas 1857 
incorporate'!: 1807 and 1892 
Located at Iowa City Iowa 



RALPH P. LOWE 
fit J. KIBKWOODs 
F. H. LEE 
W. PENN CLARKE 



V FORMER PRESIDENTS 

JAMES w, CtRIMES, First ^ resident ;^^^l 

ROBERT HUTCHINSOIT GEORGE G. WRIGHT 
MOR8MAN ■ ■' tfOSIAH Z* PICKABD 
W WILLIAM G. HAMMOND PETER A. DE*' 



OFFICEES 



g /;> BENJAMIN F. SHAMBAUGH. . Superintendent 

EUCLID SANDERS .'V* • President 

PAUL A. KORAB 'i^v./*;^ • • . . f/i fv Treasurer 

FRANK E. HORAC^ ; U.> VuV^ii^^M:: v i^i iMi . . 



■Hffiill^;^;^ BOARD OF CURATORS 

|ffj|i Elected by the Soctef^^m Appointed by the Governor 

Wjto. W. Ball Marvin H. Det Maesh W. Bailey Byron W. Newbebey 

J. W. Rich ; \ Henry G. Walker M. F. Edwards ^ A. C. Savag* , 

Euclid Sanders Henry Albert J. J, McConnell E. W. Stanton 

Arthur J. Cox S. A. Swisher John T. Moppit W. H. Tedpokd 

Charles M. Dutcher • ' - i\ 1 & B. Weaver, Jr. ' 



^IS'fllill 1§S lft§ w '^WmBES^^^ ' : ' t 

■ Any person may become a member of The State Historical Society op Iowa upon 
electron by the Board of Curators and the payment of an entrance fee of $3.00. 
I'M Membership in this Society may be retained after the first year upon the payment of 

$3.00 annually. • | . > ^| '■; j . M^^^^^^SI9^S^^K^^8S 

Members of the Society shall be entitled to receive the quarterly and all other publications 
of the Society during the continuance of their membership. *. ' - 

Any public, school, or college library in the State of Iowa may be enrolled as a library 
•member upon application and the payment of a fee of $1.00. Such library membership may be 
retained after the first year upon the payment of $1.00 annually. Libraries enrolled as library 
members of The State Historical Society op Iowa shall be entitled to receive the quarterly 
«ftnd all other publications of the Society issued during the period of their membership.' 

Communications to \. ■ 
The State Historical Society Iowa City Iowa 



THE 



IiiiiiiRNAL 

HistoiyarvdPohtics 



OCTOBER 1913 




I ^ Published Quarterly by " ^ 

'^^^^s^^i^^^M I0WA 

City Iow^ 



I^K0: EDITOR 
BENJAMIN pf SHAMBAUGH 
Assistant Editor, DAN E. CLARK 



Vol XI OCTOBER 1913 II No 4 



CONTEN TS 



Some Hungarian Patriots in Iowa ,| Gillian May Wilson 479 
Old Fort Madison: Some Source Materials;/ -i:^; ^ .3 517 

The Work of the Thirty-fifth General Assembly of Iowa 
MimM^ Frank Edward Horace: 546 

Some Publications ■ ■ $ W M 'W^^^y- "'^B^ MM 

^K^mericana— General and Miscellaneous ^^^^^P^i'0 K l : : 603 

Western 

Historical Societies .y«0ftl: i'.'-S I ^Srj- 

Notes and Comment 

Contributors . ■W&'^M^Sm^lMh'^ t' Sift' ¥M0MM$. 
Index S;."S/ V&/^^^^^^S^Sfe^ J / ;; S ; 



620 
630 

PP 
633 



Copyright 1913 by The State Historical Society of Iowa 



THE IOWA JOUENAL OF HISTOEY AND POLITICS 

'■"t ^y>| ; ::• : /S;"f|^ Published Qua bts e l y t^^ffl^lff'V J : '15 

S B scbiption Pu,ce: ^ . o||g| Single Numbeb: 50 cj» 

••• ;; *: ? - Address all Communications to '^fffl^PS^S^^^S 

I . - V fi "" - The State Histoeical Society Iowa City Iowa & 



THE IOWA JOURNAL OF HISTOHY AND POLITICS 

OCTOBER NINETEEN HUNDRED THIRTEEN 
VOLUME ELEVEN NUMBER FOUR 



VOL. XI — 31 



SOME HUNGARIAN PATRIOTS IN IOWA 

[The Hungarian colony of New Buda in Decatur County, Iowa, established 
soon after the close of the ill-fated revolution of 1848 in the mother country, 
was a unique and interesting community which has long since disappeared from 
the map of the State. The following paper makes no pretense to being a 
history of New Buda — a history yet to be written — but it does reveal some- 
thing of the lives and characters of the men who were the leaders in the little 
colony. — Editor.] 

INTRODUCTION 

As the twelfth day of August in the year 1849 drew to its 
close, Hungary, half in hope and half in despair, awaited 
the concluding act in her struggle for liberty. In the little 
village of Boros Jeno, Gorgei, her commander-in-chief, had 
completed negotiations with the Russian ally of Austria. 
The following day brought the final humiliation of Hungary 
— the surrender of her army to the Russian General 
Rudiger. 

Added to the bitterness of Hungary's failure was the loss 
of her statesmen and military leaders. Of all those who 
had been foremost in the struggle, only Gorgei was per- 
mitted at its close to remain at home in safety — Gorgei, 
the man who, in her disappointment, Hungary believed had 
betrayed her. Scores of those who in national councils and 
on battlefields had worked for her redemption, now paid 
upon Austrian scaffolds and at the point of Austrian rifles 
the extreme penalty for their loyalty. Others escaping in 
disguise were fugitives : Kossuth with about five thousand 
refugees was in Turkey; a large number were scattered in 
various parts of Europe. All of them hoped for a favorable 
change in the affairs of Hungary which would make possible 
their return. But as the months passed by it became 
evident, even to the most sanguine, that their lives for a 



479 



480 IOWA JOURNAL OF HISTORY AND POLITICS 

few years at least must be spent in exile ; or, as one of them 
wrote in later years: "We found we must hunt a second 
home, and it was easy for us to decide that there was but 
one free, happy country in the world — the United States 
of America." 

COUNT LADISLAUS UJHAZY 

Late in the year 1849, a party of these exiles under the 
leadership of Count Ladislaus Ujhazy assembled in London 
and began making plans for emigrating to America. Natur- 
ally the United States sympathized with the Hungarian 
cause, and the cordial welcome which the government and 
the people were ready to extend to the patriots was ex- 
pressed in a letter written by President Taylor to Count 
Ujhazy on his arrival in America, which reads as follows : 

Count Ujhazy, Washington, Dec. 20, 1849 

Sir :— 

I have duly received your letter of Nov. 2nd from London 
announcing the determination of yourself and comrades to seek an 
asylum in America. 

The people of this republic have deeply sympathized with the 
Hungarians in their recent struggle for constitutional freedom, and 
in the calamities which have befallen their unhappy land ; and I am 
sure that I speak the universal sentiment of my countrymen in 
bidding you and your associates a cordial welcome to our soil, the 
natural asylum of the oppressed from every clime. We offer you 
protection and a free participation in the benefits of our institutions 
and our laws, and trust that you may find in America a second 
home. I am with high respect, 

Your sincere friend, Z. Taylor. 

Ladislaus Ujhazy 

late Governor of Comorn 
Hungary. 1 

These refugees were not of the Hungarian peasant type, 
as are the immigrants who have since flocked to the mines 

i From a copy of the original letter, furnished to the writer by Mrs. Lajos 
Madarasz. 



SOME HUNGARIAN PATRIOTS IN IOWA 481 



and factories of America. Instead, they were men of gentle 
birth and belonged to the old Magyar stock which, six cen- 
turies before, had given to Hungary a written constitution, 
and had made it an elective monarchy; and which, three 
centuries later (152G) when their own royal house had be- 
come extinct in the male line, had accepted as their king the 
Hapsburg emperor of Austria, a descendant through the 
female line, but only on the express condition that he and 
his successors should be crowned with the ancient crown of 
Hungary, and rule according to the provisions of the Hun- 
garian constitution. It was this same stock that for the 
last three hundred years had opposed the encroachments of 
the despotic Hapsburgs who, again and again, had deliber- 
ately violated their coronation oath. The war which these 
Magyars had just fought and lost was not waged, primarily, 
for the establishment of any new idea of freedom, but for 
the maintenance of their ancient liberties. The idea of 
establishing a republican form of government in Hungary, 
which was advocated by Kossuth and the patriots of his 
type, was an outgrowth of the revolution and not one of its 
causes. 

Count Ujhazy, 2 the leader of this company of refugees, 
was, at the time of his exile, about sixty years of age. He 
was a representative of one of the oldest and wealthiest 
families of the Hungarian nobility, and belonged to that 
generation of ardent patriots which took so large a part in 
Hungarian affairs during the early half of the last century. 
He was an intimate and devoted friend of Kossuth; and 
when in 1836 Kossuth was arrested for circulating his 
famous hand-written newspaper, and, contrary to law, was 
imprisoned without being admitted to bail, Ujhazy, in the 
county parliament of Saros protested against the illegality 

2 According to Dr. Alexander Marki, Professor of History in the University of 
Kolozsvar, Hungary, Ujhazy was "foispan" of the County of Saros, and in 
his case this title was invariably translated in America as il Count". 



482 IOWA JOURNAL OF HISTORY AND POLITICS 

of this procedure. He came near paying dearly, however, 
for his loyalty to his friend. He was promptly indicted for 
high treason, but for some reason his trial was delayed, and 
finally prevented by the amnesty of 1841, which also brought 
about Kossuth's release from prison. 3 Ujhazy was after- 
wards appointed "Foispan" or Governor of the County of 
Saros, and was recognized in the Diet as one of the most 
eloquent magistrates in the liberal party. When the Kos- 
suth provisional government was established in 1848, he 
was appointed Governor of the County of Comorn, 4 the 
capital of which is a royal free city of the same name located 
on an island in the Danube, and was a strategic point of 
considerable importance. It was the last Hungarian forti- 
fication to surrender to the Austrians, and its garrison was 
the only one accorded the honors of war. 5 Ujhazy was given 
a passport to leave the country, but was forbidden to return. 
All of his thirteen estates, excepting one, were confiscated 
by the government. Included in the confiscated estates was 
the district in which the famous imperial Tokay wine is 
produced. This particular portion of the property the 
Emperor retained for himself. 

Though defeated and exiled, the Hungarian patriots, for 
a time, refused to admit that their cause was ultimately lost. 
Kossuth, in Turkey, still claimed the title of " Governor of 
Hungary", and in that capacity appointed Ujhazy as his 
representative in the United States, giving him the follow- 
ing letter as his credentials : 

I undersigned, Governor of Hungary, by this letter name Ladis- 
laus Ujhazy, Supreme Count of the County of Saros and Civil 
Governor of Komarom, plenipotentiary Envoy and Representative 
of the Hungarian Nation in the United States of North America, 

3 See Hungary and Its Revolutions, by E. O. S., p. 456. 

4 This name is variously spelled Comorn, Komorn, and Komaron. Throughout 
this paper geographical and other proper names are spelled according to the 
American usage, which differs in many cases from the Hungarian spelling. 

s See Klapka 's War in Hungary, Vol. II, pp. 82-84. 



SOMK HUNGARIAN PATRIOTS IN IOWA 48:5 



entrusting him thereby with full powers and liberty to represent 
the Hungarian Nation in accordance with his instructions, until 
his revocation, before the government of that generous and high- 
minded nation. 

Broussa, Asia Minor, 

March 27th, 1850. (SEAL) Kossuth Lajos 

Governor of Hungary 6 

Although Ujhazy was not accredited at Washington as 
Hungary's representative, the deference paid him person- 
ally by high officials in the United States is indicated by 
numerous letters which he received after arriving in Amer- 
ica. One of these letters was written by Governor Fish of 
New York, and reads as follows : 

General Ladislaus Ujhazy, Albany, Jan. 4, 1850. ' 

New York. 

Sir : I avail myself of the first opportunity to acknowledge the 
receipt of your esteemed favor, from which I am happy to learn 
that we may anticipate the gratification of extending a welcome at 
this place to a gentleman whose heroic defense of the liberty of his 
country has excited our warm and enthusiastic admiration. Our 
country affords a home and an asylum to all who seek a refuge from 
tyranny and from oppression, and our hearts are ever ready to 
warm toward the brave, although they may have been unsuccessful 
defenders of liberty and the rights of man. I believe, Sir, that 
none have ever sought that refuge, which we are glad to open to 
all, for whom their own valor and the righteous justice of the cause 
in which they nobly periled their lives, have assured a more sincere 
welcome, or a higher place in the respect and affection of our people, 
than that which is freely accorded to yourself and to your brave 
compatriots. You have not come to a land of strangers. Your 
virtues and your valor have made you known to us, and have made 
us your friends. You and your compatriots will ever find friends 
and a welcome among our people. 

Be assured, Sir, that whenever your engagements shall enable 
you to visit this place, it will afford me the greatest satisfaction to 
pay my respects to yourself and your friends. 

6 From a copy of the original document, now in the possession of Mrs. Lajos 
Madarasz. 



484 IOWA JOURNAL OF HISTORY AND POLITICS 



Accept the assurance of the high respect with which I have the 
honor to be, 

Your most obedient servant, 

Hamilton Fish. 7 

Similar in its cordial though cautious tone is a letter 
written by General Lewis Cass : 

Washington, Aug. 21, 1850. 

My dear Sir : 

I have recently received a letter from General Kossuth dated at 
Kutayah in Asia Minor, in which is the following paragraph : 

"Let me hope that should Mr. Ujhazy (my oldest and best friend 
and present representative in the United States) in the interest of 
the holy cause to which you have so generously your protection 
accorded, address himself to you for something which you might, 
in your wisdom judge practical and convenient, you will not with- 
hold from us your powerful support. ' ' 

It affords me pleasure to be the medium of communicating these 
sentiments of regard from your old friend and General who com- 
mands the respect and esteem of every lover of freedom in this 
world. 

I trust you find your new residence as comfortable as you ex- 
pected. Certain I am that wherever you go, you will meet the 
warm sympathy of the American people for your services and sac- 
rifices in the cause of human freedom. The noble effort of the 
Hungarians has endeared them to my countrymen ; and misfortune 
has but increased the interest they feel in their favor. Their hour 
of deliverance will yet come. I am, dear sir, 

Truly your friend, 
Governor Ujhazy. Lew . Cass 8 

A few weeks after his arrival in America, Ujhazy had an 
interview with President Taylor, and in accordance with 
the President's advice he decided to select land in Iowa. 
He and his party traveled by rail to Burlington and from 
there by stage and wagon westward about one hundred and 

7 From a copy of the original letter, now in the possession of Mrs. Lajos 
Madarasz. 

s From a copy of the original letter, now in the possession of Mrs. Lajos 
Madarasz. 



SOME HUNGARIAN PATRIOTS IN IOWA 485 



fifty miles to the newly organized and as yet unsectionized 
county of Decatur. The tract of land which Count Ujhazy 
selected is in the southern part of the county, less than six 
miles from the Missouri border. It was a slightly rolling, 
fertile prairie; along its streams were belts of woodland, 
and when Ujhazy and his friends first saw it, the prairie 
was doubtless covered with a heavy growth of blue grass. 
The nearest post-office and trading point was Princeton, 
Missouri, twenty miles to the south. Des Moines was one 
hundred miles north, but Des Moines at that date was little 
more than a village. 

In honor of the old Magyar capital of Hungary, Ujhazy 
named his settlement New Buda. His dream was to estab- 
lish an extensive community in which the political life 
should be that of free, loyal American citizens, and the 
social and domestic life that of Magyar land owners. He 
rode for miles over the Iowa prairie, choosing sites for 
public buildings and fixing the boundaries of the New Buda 
of his hopes. On his own portion of the land he built a huge 
log " castle which was by far the largest and most im- 
posing building in the county at that time. Two years after 
its establishment, the new settlement was granted a post- 
office — the first one in the county — and the former Gov- 
ernor of Comorn was appointed postmaster. 

The tacit assurance of obtaining land from the govern- 
ment on favorable terms was from the first held out to these 
refugees; and the probable generous dealing of Congress 
suggested by President Fillmore in the following cordial 
letter written soon after he succeeded to the Presidency, 
refers to the granting of public lands in Iowa to the New 
Buda settlement : 

Ladislaus Ujhazy, "Washington City, D. C. Oct. 24, 1850. 

My dear Sir: — 

Your letter of the 8th ultimo came to hand a few days since, 
and I was gratified to learn that your weary pilgrimage had at last 



486 IOWA JOURNAL OF HISTORY AND POLITICS 



come to an end, and that you had found a resting place, and I trust 
an asylum in the new but fertile state of Iowa. 

Accept my sincerest thanks for your kind congratulations at my 
unexpected elevation to the Presidency. When I met you here, I 
never expected to occupy this position. A painful disposition of 
Providence has, however, cast upon me the burden and responsi- 
bility of this distinguished station; but whether for honor or dis- 
honor, for weal or woe time alone can determine. 

You have seen enough of the cares and uncertainty of official life 
to appreciate its labors and its instability. I look for my reward, 
whatever may be the result, only in the consciousness of an honest 
endeavor to discharge my duty faithfully and impartially to my 
whole country. That being done, its destiny is in the hands of the 
supreme arbiter of human affairs in whose justice and mercy I have 
the most abiding confidence. 

Though we make it an invariable rule as a nation not to interfere 
in foreign wars, yet our people feel a deep sympathy for the op- 
pressed everywhere, and are ready to extend a liberal hand to those 
who suffer in the cause of freedom. I cannot doubt therefore that 
Congress will deal generously with those Hungarians who have 
sacrificed all for independence and freedom, and are now exiles in 
a strange land. 

I am gratified to hear that you received communications from 
the noble and gallant Kossuth. I shall always be most happy to 
hear of his health and prosperity, and to receive through you any 
communication intended for me or for the American government. 

With my sincere prayers for your health and prosperity and for 
the health and prosperity of your associates, I remain, 

Your obt. svt. Millard Fillmore. 9 

The same question of provision for the refugees was still 
more definitely mentioned in the following letter written 
about the same date as the above, by William H. Seward, 
then United States Senator from New York : 

My dear Sir: Auburn, October 22nd, 1850. 

Your letter of the 18th of September followed me from Wash- 
ington to my residence here after the adjournment of Congress. 

9 From a copy of the original letter, now in the possession of Mrs. Lajos 
Madarasz. 



SOME HUNGARIAN PATRIOTS IN IOWA 487 



I congratulate you, your family and your compatriots in having 
found a resting place in a region as fertile, as beautiful and as 
prosperous as that which you have so wisely chosen. The late 
opening of the legislature was absorbed with subjects of such in- 
tense interest as seemed to forbid the action I decreed in favor of 
the Hungarian patriots who have sought an asylum in our coun- 
try. 10 But I entertain a confident hope that the subject will receive 
the favorable consideration of Congress at its next session which is 
now near at hand. Be assured, my dear sir, of my own disposition 
to secure to you and to your brethren such aid as is partly due in 
regard, not merely to your own sacrifices and sufferings in the 
cause of liberty, but also in regard to the character of the American 
people. I am, with greatest esteem and respect, 

Your friend and obedient servant, 
Ladislaus Ujhazy, William H. Seward. 

late Governor of Comorn, 

New Buda, Decatur Co., Iowa. 11 

As intimated by Mr. Seward, a resolution was introduced 
in Congress looking to the appropriation of land for the 
Hungarian refugees, but no definite action was taken. In 
January, 1855, however, President Pierce issued an order 
reserving from sale the land occupied by the Hungarian 
exiles ; and in May, 1858, Congress passed an act extending 
to the settlers on this reserved land the privilege of secur- 
ing title to the land they chose to occupy, upon payment of 
$1.25 per acre, and charging no interest for the time they 
had already occupied the land. There was no limit to the 
amount of land which each refugee might take, but only a 
few, if any, of them took more than two hundred acres. 
Many years later Galusha A. Grow stated to a son of one of 
these patriots that this generous provision for the Hun- 
garian refugees suggested to him his famous Homestead 
Act of 1861. 

10 Subsequently the legislatures of both New York and Iowa passed resolu- 
tions favoring the granting of lands to the Hungarian refugees. 

11 From a copy of the original letter, now in the possession of Mrs. Lajos 
Madarasz. 



488 IOWA JOURNAL OF HISTORY AND POLITICS 

Before this legislation in favor of the Hungarians was 
passed, however, a considerable number of the New Buda 
settlers found that Iowa winters were too severe for the 
successful raising of grapes; and this was the branch of 
horticulture with which they were most familiar. Accord- 
ingly, in 1853 Count Ujhazy and many of his original party 
removed to San Antonio, Texas, where, by a concession of 
the government, he and his friends acquired a considerable 
amount of land. 

But it was difficult for the man born to an inheritance of 
thirteen estates with scores of tenants to adjust himself to 
the straightened economic conditions of western farm life 
sixty years ago. To cut the forests was contrary to Count 
Ujhazy 's ideas of the dignity of a land owner, consequently 
the timber on his land remained untouched, though it made 
a fortune for later owners. He maintained the same lavish 
hospitality and, as far as possible, the manner of living to 
which he had been accustomed in Hungary. His house was 
open to army officers, officials of various rank and others 
whose refinement and education made them congenial com- 
pany. Horses were provided for his guests who were 
warmly welcomed as long as they chose to remain, the only 
requirement being good breeding. One of the early recol- 
lections of San Antonio is of the Count 's custom of driving 
into town behind six white mules, all perfectly matched. 
Socially, this sort of life was picturesque, but financially the 
Texas ranch was not a success. 

Count Ujhazy 's wife had bravely shared his exile, but she 
died a short time after reaching Iowa. Of his twelve 
children, five came with him to America. In his domestic 
life, this commander of men was the kindest of diplomats. 
A remarkable linguist himself, he had required that each of 
his children be taught to speak fluently at least one language 
besides their mother tongue ; and if necessary to reprove a 
child in the presence of others, he did so, whenever possible, 



SOME HUNGARIAN PATRIOTS IN IOWA 489 



in a language that only the child spoken to would under- 
stand. 

In 1867, the Austrian government proclaimed a general 
amnesty permitting all of the exiled patriots to return to 
their native land. The descendants of Count Ujhazy in 
America claim that only his children were included in this 
amnesty, but that he was still excluded. Professor Marki 
of the University of Kolozsvar states that no one was ex- 
cluded from the amnesty of 1867, but that "on May 16th, 
1867 Ujhazy protested in an open letter against the 'Aus- 
gleich' between Austria and Hungary, and remained abroad 
by his own will." 12 At any rate, Ujhazy evidently thought 
it unwise, or possibly unsafe, for him to return to Hungary, 
though he believed it best for his children to do so. Accord- 
ingly, the brave old hero at the age of eighty-three deter- 
mined to make his last sacrifice. His children would not 
go back to Hungary leaving him in exile, so he took his own 
life in order to make possible their return. One daughter, 
Ilona (Helen), wife of Vilmos Madarasz, remained in 
America. His other children, three sons and a daughter, 
returned to Hungary. One of the sons, Laszlo, eventually 
came into possession of the one remaining estate, "Bude- 
mer", near Kassa. 

Then it was that Hungary, so long forbidden to receive 
Ujhazy when living, was allowed to claim him when dead, 
and his body and that of his wife were laid in the crypt of 
the old church at beautiful Budemer, where rest so many 
generations of his forefathers. 13 

LADISLAUS MADAEASZ 

One of the names longest associated with the New Buda 
settlement is that of Ladislaus Madarasz. By his com- 

12 From a letter written by Professor Marki in May, 1913, in answer to an 
inquiry regarding the terms of the amnesty of 1867. 

13 The tombs in this old crypt indicate that it has been a burial place for 
members of the Ujhazy family for more than eight centuries. 



490 IOWA JOUENAL OF HISTORY AND POLITICS 



patriots he was considered the most talented member of 
that group of unusually brilliant men. The son of a dis- 
tinguished family, he had received the usual education and 
training of a Magyar nobleman. He was described, even in 
his later years, as being an ideal " prince of courtiers — 
the personification of suavity and politeness," and as hav- 
ing also that nameless quality which marks a leader of men. 
His political career in Hungary began while he was still in 
college. "You will revolutionize the country,' ' his pro- 
fessor had said to him when the young man's reform 
speeches began to attract attention. 

Immediately after leaving college he had thrown himself 
eagerly into the movement of resistance to the oppression 
of Austria, and when, in 1832, Kossuth first became promi- 
nent through his published report of the speeches and pro- 
ceedings of the Diet of that year, young Madarasz became 
his enthusiastic admirer and disciple. His ability as a 
leader became so generally recognized that in 1848 several 
counties elected him as their representative in the Diet. 
From among the offers, he accepted that of the county of 
Csakvar, and was soon afterward appointed minister of the 
police of Hungary. 14 

His younger brother, Joseph, was also in the Diet as 
representative from another county, and the radical views 
of the two brothers soon brought them into still greater 
prominence. The first question brought before the Diet 
was that of granting troops to the King (Ferdinand of 
Austria) to assist him in suppressing the uprising in Italy. 
The Radical party bitterly opposed this measure, and in the 
debate that followed, the two brothers Madarasz, "noted 
for their impetuosity, ' ' says one historian, spoke with ve- 
hemence and even went so far as to accuse the ministers of 
treason. This accusation threw the Diet into such confusion 

14 From a translation of an historical sketch which appeared on November 11, 
1909, in Szabadsdg, a Hungarian newspaper published in Cleveland, Ohio. 



SOMK HUNGARIAN PATRIOTS IN IOWA 401 



that Kossuth's presence and tactful explanations were 
required to restore it to order. 15 

Kossuth, however, seems to have admired the impetuous 
Madarasz and to have found in him much that would be of 
service to himself personally and to the cause of Hungary; 
for when, two months later, the Diet made Kossuth head of 
the provisional ministry, he appointed Madarasz a member 
of his Home Protection Cabinet. Another member of this 
cabinet was Paul Nyari, a patriot who shared Madarasz 's 
extreme views ; and like Madarasz he was anxious for the 
abolition of the monarchial system in Hungary. 

At one time, though probably not in a cabinet meeting, 
the three friends, Kossuth, Madarasz, and Nyari, had in 
their hands the fate of a crown, if not of a kingdom. They 
were seated in a room before a large open fire-place; in 
their possession was the ancient crown of Hungary — the 
crown of St. Stephen. "What shall we do with it?" Nyari 
asked. "Throw it in the fire!" Madarasz exclaimed with 
characteristic impetuosity, and made a movement to carry 
out his suggestion. But Kossuth interposed. "No," he 
said, "we will not destroy it, at least not yet", and with 
that he took the crown and hid it behind a loose stone above 
the fire-place. 16 A year later when Kossuth fled to Turkey, 
wild stories were circulated that he had stolen the crown of 
Hungary. As a matter of fact, he and his followers took 
the crown with them to prevent its falling into the hands 
of the Austrians. But when they reached the Turkish 
frontier, they buried the crown with appropriate ceremonies 
on Hungarian soil, and all those participating in the cere- 
mony were sworn to secrecy. For several years the ques- 
tion of delivering the crown to the Austrian monarch, on 

is Hungary and Its Revolutions, by E. O. S., pp. 335, 336; and a historical 
sketch in Szaoadsag, November 11, 1909. 

is Eeminiscence related by Mrs. E. F. Reed of Grand Junction, Colorado, 
daughter of Ladislaus Madarasz. 



492 IOWA JOURNAL OF HISTORY AND POLITICS 



condition that lie recognize the rights of Hungary and 
restore the constitution, was the subject of correspondence 
between Kossuth and Madarasz and other New Buda 
patriots. 17 There was considerable difference of opinion 
regarding the matter, but the crown was finally delivered 
to Francis J oseph and is to-day the badge of his kingship of 
Hungary. 

Madarasz was still one of the leading spirits in the Diet 
when, in order to secure its safety, the seat of government 
was removed from Pesth to Debreczin. As a member of the 
Debreczin Convention which met in March, 1849, he signed 
the Hungarian Declaration of Independence, and offered the 
resolution nominating Kossuth as Governor of Hungary. 18 
After Kossuth's election, the perplexing question of finance 
naturally presented itself to the provisional government, 
and it was Madarasz who devised the plan for issuing cur- 
rency to be used by the revolutionists. Thirteen years 
later, Secretary Chase, after considerable correspondence 
with Madarasz and upon his recommendation made this 
same plan the basis of the greenback system of currency in 
the United States. 19 

In the Debreczin Convention there was a considerable 
representation of the " peace party", men who were willing 
to sacrifice Kossuth, and, as some of the extremely radical 
patriots believed, even the welfare of Hungary for the sake 
of peace with Austria. Madarasz 's opposition to the mem- 
bers of this party was emphatic and fearless. Their atti- 
tude toward him was equally antagonistic, and their 
influence proved strong enough to prevent his reappoint- 

17 Eeminiseence related by Mr. E. J. Hainer, who as a boy overheard the dis- 
cussions regarding the disposition of the crown. 

is Historical sketch in Szdbadsag, November 11, 1909. 

19 Unfortunately, Madarasz, before his death, destroyed much of his cor- 
respondence, including that with Secretary Chase; but Mr. E. J. Hainer, now 
of Lincoln, Nebraska, and other former members of the New Buda community 
distinctly remember hearing it read and discussed. 



SOME HUNGARIAN PATRIOTS IN IOWA 



merit to the cabinet when it was reorganized a few months 
after Kossuth was elected Governor. 20 He remained an 

influential member of the Diet, however, until the surrender 
of Gorgei; and even in that crisis, the bewildered patriots 
turned to Madarasz. The news of Gorgei 's surrender was 
brought to his house at a late hour in the night. Soon after- 
ward, a body of under-officers waited upon him and asked 
him to lead them against the Russians. This proposition, 
however, was as impractical as it was patriotic. All of 
Hungary's forces, save a few scattered remnants, were in 
the hands of the Russians, and the only safety for her 
patriots was in flight. 

Madarasz went first to a town near Vienna where his 
secretary met him with a suit of workingman's clothes, 
some money, a ticket to Hamburg and a passport for a 
"cooper". On the arrival of the train at Munich, a police 
officer with telegraphic orders to arrest Ladislaus Madarasz 
entered the compartment where Madarasz sat. "What is 
your tradeT' the officer asked. "A cooper", Madarasz 
replied. "You have very fine white hands for a cooper," 
the officer replied with a smile as he left the compartment. 
Whether he suspected the identity of the cooper is a matter 
of conjecture. Throughout Europe the sympathies of the 
common people were with the Hungarian patriots, and there 
were numerous instances of apparent credulity on the part 
of the police, and even on the part of under-officers in the 
Russian and Austrian armies. Between Berlin and Ham- 
burg, a woman and a little girl occupied the compartment 
with Madarasz. At Hamburg there were more police of- 
ficers with orders to arrest Madarasz, who was described 
as traveling alone and in the disguise of a cooper. As there 
was no one at the station to meet the woman and her child, 
Madarasz, with the courtesy of a fellow-traveler, took their 

20 Historical sketch in Szabadsag, November 11, 1909. 
VOL. XI — 32 

\ 



494 IOWA JOURNAL OF HISTORY AND POLITICS 



baggage, offered the woman his arm, called a cab, and drove 
with her to a hotel; and the police took no notice of the 
workingman accompanied by a woman and a little girl. 21 

Madarasz's wife, the Baroness Elizabeth Majthenyi, had 
died six years before his flight from Hungary. His only 
child, a son (Vilmos) about thirteen years of age, was, 
through the efforts of friends, enabled to join his father in 
Hamburg. Together they went to London, and in the fol- 
lowing year they came to America and to the New Buda 
settlement. 

Practically all of Madarasz's property had been confis- 
cated by the Austrian government, so that it was necessary 
for him after coming to America to take up the unaccus- 
tomed work of a pioneer farmer and endure the hardships 
of frontier life. Through it all, however, his generosity 
and hospitality were unfailing. His compatriots, especially 
some of those who came at a later date, were temporarily 
without means, and were welcomed for months at a time at 
his home. Others, in better circumstances, came to the 
settlement on account of their friendship for him. One 
such guest later bore his share in the affairs of his adopted 
country. This was Theodore Majthenyi who came to New 
Buda with his father, Baron Majthenyi, a brother of Mad- 
arasz's first wife. At the opening of the Civil War, 
Theodore Majthenyi enlisted in the northern army, and was 
soon afterwards appointed Adjutant in Fremont's body- 
guard, which was commanded by Charles Zagony, another 
Magyar, though not of the New Buda group. On October 
25th, 1861, when Zagony made his brilliant charge into 
Springfield, Missouri, routing a detachment of Price's 
army which greatly outnumbered his own force, Adjutant 
Majthenyi was one of those who distinguished themselves, 
and received special mention in the reports of the action. 22 

21 Eeminiscences related by Mrs. E. F. Keed, daughter of Ladislaus Madarasz. 

22 Information furnished by the War Department of the State of Missouri. 



SOME HUNGARIAN PATRIOTS IN IOWA 



Another of Mr. Madarasz 's guests was the naturalist 
Janos Santosh, who, assisted by his host, made a large 
collection of insects for the National Museum of Hungary. 23 

Mr. Madarasz 's younger brother, Joseph, was imprisoned 
for several years after the revolution, but was released 
about 1860. In 1865 and 1867 he was again in the Diet, 
fighting the battles for personal rights, property security, 
and self-government in Hungary. Soon after his release 
from prison, he visited his brother Ladislaus in America, 
and after the Austrian government in 1866 proclaimed 
an amnesty in favor of the exiled patriots, he tried 
to induce his brother to return to Hungary and enter 
political life again. 24 But all hope of establishing a repub-. 
lican form of government in Hungary, the dream of the 
elder Madarasz 's life, had vanished ; and rather than accept 
a compromise, he chose to live his peaceful life in America, 
in the companionship of a few friends of his earlier days, 
exiles like himself, who loved and trusted him, and sur- 
rounded by his American neighbors who had welcomed him 
in his exile. 

Like others of his compatriots at New Buda, Mr. Mad- 
arasz was an exceptional linguist. Latin, in his time, was 
the language used in the courts of Hungary ; and in his boy- 
hood he was for several years required to use it always in 
addressing his father. In 1894, at the age of eighty-three, 
he was asked by his youngest daughter to assist her in 
translating a passage in Virgil. Without looking at the 
text-book, the father recited the first two books of the 
Aeneid and translated them into German, 

In 1855, Mr. Madarasz was married to Sybilla Asbach, a 
daughter of a German family. Eight children were born of 
this marriage, six of whom are still living. Vilmos, his 

23 Eeminiscences related by Mrs. E. F. Beed, daughter of Ladislaus Madarasz. 

24= Joseph Madarasz, now ninety-nine years of age, is still a member of the 
Hungarian Diet. 



496 IOWA JOURNAL OF HISTORY AND POLITICS 



son by his first wife, married Count Ujhazy 's daughter 
Ilona, and later removed to Texas. Two sons of this mar- 
riage (grandsons of both Madarasz and Ujhazy) grew to 
manhood. One of them, Lajos (Louis) Madarasz, who died 
in San Francisco, California, in December, 1910, had a 
national reputation as a skillful penman. 

For many years Madarasz corresponded with leading 
statesmen in America : with Love joy and others regarding 
the slavery question, with Salmon P. Chase regarding the 
Greenback system of currency, with others regarding the 
issues of the Civil War and reconstruction; and at a 
later date with still others regarding the tariff. Again and 
again he was offered political appointments, but always his 
reply was the same: "You are welcome to any suggestions 
that my experience may afford, but I wish no office — 
nothing that will bring me into prominence. My life work 
was in my own beloved country, and through no fault of 
mine, was a failure. ' ' 

But as the years passed, his love for Hungary, the strong 
passion of every Magyar heart, overcame even his dis- 
appointment at her failure and his. To an old friend he 
wrote letters filled with expressions of longing for his own 
country, but his advanced age made the journey impossible. 
His life of more than ninety-eight years closed on November 
6, 1909, at his home near Good Hope, Missouri, where he 
had gone from Iowa a few years before. 

EEANCIS VAEGA 

In the autumn of 1849, while Madarasz was in London, he 
became acquainted with one of his exiled countrymen whose 
friendship proved one of the compensations of his sixty 
years of exile. This man was Francis Varga, who, during 
the following year, joined Madarasz in New Buda. By 
birth and early training he was as little fitted for the life of 
a pioneer farmer as were Ujhazy and Madarasz. He was 



SOME HUNGARIAN PATRIOTS JN IOWA 497 



born in the city of Debreczin, and had received his education 
at the Debreczin University, in which his father, Stephen 
Varga, was a professor of theology. His mother, Clara 
Peczely, was the daughter of the Rev. Joseph Peczely, a 
distinguished Presbyterian clergyman. Her brother, 
Joseph Peczely, Jr., was a prominent professor of Latin, 
universal history, and Greek eloquence. In 1830, the father, 
Stephen Varga, died, and the care of the thirteen year old 
son Francis was entrusted to his uncle, Joseph Peczely, who 
directed his education and to a considerable extent shaped 
his career. 

At the age of twenty-three Francis Varga was admitted 
to the bar, and began the practice of law in Torontal, one 
of the southern counties of Hungary. Just before the out- 
break of the revolution, Varga, then thirty-one years of age, 
was elected Vice Lord Lieutenant of Torontal; and after 
the establishment of Kossuth's provisional government he 
was made Commissioner with full power to act in his county. 
He was also appointed judge of a special tribunal, having 
authority in cases of treason, and from his decrees in this 
court there was no appeal. 25 

In the southern part of Torontal were a great many 
Servians who were always more or less unfriendly to the 
Hungarians; and at the time of the revolution they were 
incited by the Austrians to insurrection and encouraged to 
commit the foulest murders and other crimes. The situa- 
tion in which the young attorney was placed was, therefore, 
a difficult one, and it proved his resourcefulness and capa- 
bility. 

On investigation, Varga found that a priest of the Greek 
Church was the agent mainly responsible for the atrocities 
in Torontal, and summoned him before the court. The 
priest plead the sanctity of his office, and claimed that he 

25 From an autobiographical sketch written by Mr. Varga a few months be- 
fore his death. 



498 IOWA JOURNAL OF HISTORY AND POLITICS 



could only be called to account by bis bishop. This plea 
was in accordance with the law, and Judge Varga ruled that 
the priest could not be tried at civil law until his bishop 
had relinquished jurisdiction over him. The bishop, how- 
ever, flatly refused to appear in court, whereupon Varga 
remarked that the ' 'mountain could not go to Mahommet, 
therefore Mahommet must come to the mountain. ' ' Calling 
his gendarmes, he ordered them to politely summon the 
bishop, but to take with them a large tarpaulin, and immedi- 
ately upon delivering the summons to throw the tarpaulin 
over the bishop in his chair, and bring him carefully and 
safely, but surely, into court. The gendarmes obeyed the 
order to the letter. When the bishop, tarpaulin, and chair 
were brought into court, the judge, with all deference ex- 
plained the evidence that had been found against the priest, 
and directed that the bishop and priest be conducted to a 
private room for a brief consultation. Accordingly the 
gendarmes conveyed the bishop in his chair to the judge's 
private office, and at the end of fifteen minutes brought him 
again into court. Judge Varga then gravely argued that 
as all the evidence in the case had been submitted to the 
bishop, and as he had been given every opportunity to 
verify the charges, the court felt assured that the bishop 
would certainly do what was right. Therefore, the court 
would order the clerk to enter on record the bishop's re- 
nunciation of jurisdiction over the priest, and would further 
order that the trial proceed. The priest was speedily con- 
victed, and was executed at sunrise the next morning. As a 
result, the atrocities in Torontal were promptly discon- 
tinued. 26 

When Gorgei surrendered, Varga was at Vilagos, only a 
few miles away, and with other prominent Hungarians was 
taken prisoner by the Russian officers, but escaped three 

26 Keminiscences related by Mr. E. J. Hainer, who was an intimate friend of 
Varga. 



SOME HUNGARIAN PATRIOTS IN IOWA 499 

days later and began a long and anxious pilgrimage. 
Adopting various disguises, he wandered through Hungary 
for eleven months before he was able, with a forged pass- 
port, to leave the country. He spent a year in Hamburg, 
Altoona, and London, and then, as there was no favorable 
development in Hungarian affairs, he decided to follow his 
friend Madarasz to New Buda. Varga 's farming experi- 
ence in Decatur County, which was moderately successful, 
covered a period of twenty years, or until 1871, when he 
was elected treasurer of the county and removed to Leon, 
the county-seat. In the meantime, he had married one of 
the young women of New Buda. Perhaps no member of the 
New Buda community became so thoroughly an American 
citizen as did Francis Varga. True to the highest ideals- 
of manhood, he yielded unfailing loyalty to his country, his 
home, and his religion. So fearless was his patriotism, and 
so sincere and consistent his Christianity that in later years 
it was truthfully said that his whole life was a continuous 
lesson in manliness. 

For more than thirty years he was prominent in local 
politics. He had many bitter opponents, for he was a strong 
partisan; and yet, so beyond question were his capabilities, 
his faithfulness, and his devotion to public welfare that no 
charge of political trickery was ever sustained against him. 
Only on one occasion was such a charge brought, and then, 
in his characteristically dramatic way, he routed his ac- 
cusers. 

Just before his election as county treasurer, his prede- 
cessor, who was of the opposite political party, had default- 
ed. Moreover, the law at that time prohibited the 
treasurers from loaning the county funds in any way 
whatsoever, but it had been the custom of many treasurers 
to make loans surreptitiously and pocket the interest. 
When Mr. Varga was elected he worked for the repeal of 
this law, and then, as he did not consider the vault in his 



500 IOWA JOURNAL OF HISTORY AND POLITICS 



office a safe place in which to keep the money, he openly 
deposited it with reliable banks, making a good bargain 
for interest. This interest he used in paying the salaries 
of deputies and in defraying other county expenses. A few 
of his bitterest opponents, however, claimed that it was only 
a scheme to defraud the county. 

While matters were in this condition, the town was start- 
led at 3 o 'clock one Sunday morning in the spring of 1877, 
by a terrific explosion. On hastening to the public square, 
the citizens found the courthouse in ruins. One of the walls 
enclosing the treasurer's office had been blown away by a 
charge of powder. This was a golden opportunity for Mr. 
Varga's opponents. Immediately the report was started 
that he had wrecked the courthouse and had absconded 
with the funds. By daybreak the report had reached the 
nearby towns. A son of one of the New Buda patriots was 
principal of the school in a village eight miles away. Imme- 
diately upon hearing the rumor regarding Mr. Varga, he 
saddled his horse, and with characteristic Magyar loyalty 
rode in hot haste to the county seat to champion the cause 
of his father's friend. Meanwhile, a crowd had gathered 
in the square, some accusing the treasurer, others defend- 
ing him. When the wreckage was cleared away, the safe 
was found uninjured, but before displaying its contents, 
Mr. Varga addressed the crowd, telling them just how he 
had handled the county funds, and explaining that had the 
culprits succeeded in opening the safe they could not have 
robbed the county. He then read from the ledger the 
amount of money credited to each fund, and produced from 
the safe a certificate of deposit for each amount. Singling 
out the man who had been foremost in circulating the false 
reports, Mr. Varga called him forward and repeated the 
charges the man had made; and, shaking his long index 
finger under the man's nose, he shouted to the crowd: "That 
d— n rascal, himself, would do it. ' ' He then compelled the 



SOME HUNGARIAN PATRIOTS IN IOWA 501 

/ 

man in the presence of the crowd to admit that the certifi 
cates of deposit tallied with the amounts shown on the 
ledger. By this time the sentiment of the crowd was over- 
whelmingly in Varga 's favor, and if he had not interfered, 
his accusers would have been roughly handled. 27 

In all his years as a western farmer and as a leader in 
county politics, Mr. Varga never lost his courtliness of 
manner, nor the marks of his scholarly training and in- 
heritance. During the greater part of his thirty-years 
residence in Leon he was a member of the school board and 
a frequent visitor of the schools. His especial interest was 
in the history, political economy, civics, and Latin classes. 
Generations of high school students will always remember 
the courtly old gentleman with white hair and beard and 
brilliant black eyes, who recited Virgil from memory and 
with a rhythm unimagined by them, and who always had a 
gracious compliment for their every effort. 

In 1896, after forty-five years of exile, Mr. Varga and his 
son Stephen visited Hungary. Nearly all of those who had 
taken part in the revolution were either dead or still in 
exile. One, however, they found in Hungary. In a little 
town they passed the house where Gorgei lived, shunned by 
all his people. Young Varga was eager to see the great 
military genius, but his father had not forgiven the man 
who had surrendered Hungary to the Eussians; and his 
son, in deference to his father's wishes, did not insist upon 
making the visit. 

On leaving Hungary, Mr. Varga took with him a small 
package of the soil. Six years later, when he died at the 
age of more than four score years, this soil from his beloved 
Hungary was placed beneath his head, with the inscription : 
"A handful of native soil to quiet the heart's longing." 

27 Eeminiscences related by Mr. E. J. Hainer, who accompanied Mr. Varga to 
the public square and assisted him in opening the safe. 

The men who wrecked the building were arrested later and convicted. 



502 IOWA JOURNAL OF HISTORY AND POLITICS 

GEOBGE POMUTZ 

The New Buda community contained a few members who 
were not content with the slow gains from agriculture. 
Even in the early fifties they became infected with the germ 
of "frenzied finance", and undertook to exploit a greater 
New Buda than Count Ujhazy 's most hopeful dreams had 
ever pictured. Chief among these enterprising spirits was 
George Pomutz. 

Younger than the majority of the refugees, he had taken 
only a minor part in Hungarian affairs, and his flight to 
America had probably not been a matter of life and death 
as had been that of Madarasz and Varga, but was doubtless 
more in the nature of an adventure, or at most, a means of 
escaping a brief punishment. He was one of the first set- 
tlers in New Buda, but in 1853 went with Ujhazy to San 
Antonio, Texas. He returned a year or so later, however, 
and with his "major domo", Fakich, occupied Ujhazy 's log 
"castle". In appearance he was unlike the typical dark- 
skinned, black-haired Magyars. He is described as a tall 
blond with full beard and mustachios, and light, wavy hair. 
His bearing was distinctly military; and when mounted 
upon his white mare, "Highland Mary", he was an un- 
usually striking figure. Besides his native language, he 
spoke French, German, and English fluently and with but 
slight accent; he quoted Byron freely and was evidently 
familiar with Burns. He had a decided charm of speech 
and manner, as many of the settlers had good cause to re- 
member, for he occasionally used this gift to his own 
advantage and to their detriment, and was consequently 
unpopular with his compatriots. 28 In the unwritten annals 
of the settlement there are many stories of his sharp deal- 
ings with his neighbors, his skill in negotiating loans from 

28 From a sketch prepared for the Decatur County Historical Society by Mr. 
G. P. Arnold of Garden Grove, Iowa, based on his own recollections of Pomutz. 



/ 



SOME HUNGARIAN PATRIOTS IN IOWA 503 



them, and his plausible schemes for inducing them to make 
investments from which he received all the returns. 

But his aspiring nature was not content with practicing 
upon the New Buda community. With the aid of a 
draughtsman in the settlement, Drahos by name, he pre- 
pared a most attractive map of the "City of New Buda", 
showing Boehm University and Kossuth Platz, and College 
Square, together with libraries, parks, and avenues, on 
which he bestowed elaborate foreign names. It mattered 
nothing that the site of all this splendor was virgin prairie, 
and that the New Buda shown on the authentic maps of 
Iowa was only a rural post-office. So winning was the man- 
ner and so convincing was the speech of the promoter that 
in St. Louis and in Hoboken he sold and traded his city 
lots, and induced several German families to move to De- 
catur County in search of the fabulous City of New Buda. 
These exaggerated descriptions of New Buda gained a wide 
circulation ; and even experienced historians were evidently 
misled by them, for in a history of Iowa published as late 
as 1876, New Buda is described as a "town" founded by 
Hungarian exiles. "One of its streets", the historian adds, 
' ' is denominated Magyar street, and the centre of the town 
is known as Kossuth Square." 29 

The outbreak of the Civil War interrupted Pomutz 's city 
development enterprises. He was a born soldier, and he 
promptly responded to the call to arms. He was Adjutant 
and later Lieutenant Colonel of the 15th Regiment of Iowa 
Infantry. His war record was a brilliant one. He distin- 
guished himself at Pittsburg Landing, the first action in 
which he participated, and later at Corinth and in other 
engagements. In an account of the services of his regiment, 
he is referred to as "a highly accomplished officer," who 
"rendered efficient aid as assistant adjutant general, and at 

29 Tuttle and Durrie 's History of Iowa, p. 483. 



504 IOWA JOURNAL OF HISTORY AND POLITICS 



the same time as engineer in connecting and strengthening 
forts, constructing short interior lines, etc." 30 His New 
Buda associates, perhaps not without prejudice, attributed 
his success to one Kompolti, a compatriot who accompanied 
him through the war, and who was regarded by the Magyar 
patriots as the best tactician of them all. 

Soon after the close of the war, Pomutz, as a recognition 
of his military service, was appointed Consul General to 
Bussia. According to newspaper reports, he was accus- 
tomed to gratify his taste for the spectacular by appearing 
at public functions in St. Petersburg in the full regimentals 
of an American Brigadier General. He fulfilled the duties 
of his position very creditably, however, and remained at 
his post until his death, which occurred in 1894. Unlike the 
majority of his associates who were Protestants, Pomutz 
was an adherent to the Greek Church. 

After his death, papers were found among his belongings 
which indicated immense wealth in American lands, and 
holdings of great value in the ' ' City of New Buda. ' ' En- 
couraged by these apparent evidences, his creditors in 
Hungary were stimulated to make inquiry in the hope of 
collecting some of the Consul General 's debts. But New 
Buda had long before passed, with clear title, into other 
hands, and Kossuth Platz and University Place were 
meadow land and cornfield; and the late diplomat's title 
deeds were of the same legal status as his highly colored 
plats. 

IGNACE HAINEE 

One November day in the year 1856, two black-bearded 
men with ox teams drove down the main street of Princeton, 
Missouri, and stopped at a hotel. They were Hungarians 
from New Buda, and had come to buy the winter's supply 
of groceries for the settlement. 

so Byers 's Iowa in War Times, p. 504. 



i 



SOME HUNGARIAN PATRIOTS IN IOWA 505 

Princeton was unusually excited that November day. The 
District Court was in session; and with land title disputes, 
shooting affrays, and horse stealing cases, it was a busy 
tribunal in those early times. But more than this, it was 
also the time of the presidential election, and the hotels were; 
crowded with politicians, jurymen, and attorneys. 

The Hungarian ox-drivers, with their rough clothing and 
heavy boots bespattered with mud from their twenty-mile 
walk, hoped to find a corner in the dining-room where they 
might eat their dinner unnoticed. But in those days, a 
Hungarian refugee was almost certain to be a guest of 
honor wherever he went, and the landlord insisted upon 
seating the New Buda men at the table with the presiding 
judge. This official immediately entered into conversation 
with the guests, and soon learned that one of them not only 
spoke English fluently, but German and French as well, and 
was familiar with the classics of both languages. Before 
leaving the table, the Judge, who was also one of the regents 
of the University of Missouri, remarked to this man: ' ' The 
chair of modern languages in our University is vacant ; will 
you accept it?" 

The man to whom this unexpected offer was made, and 
who soon thereafter received the suggested appointment, 
was Ignace Hainer. He was a Magyar of gentle birth, had 
received a liberal education, and had been admitted to the 
bar in his native country. Between those college days in 
Hungary and the November morning when he drove his ox- 
team into Princeton, there lay a period of exciting experi- 
ences. At the time when Hainer was admitted to the bar, 
Kossuth was already the idol of young Hungary. He had 
tried to show clearly to his countrymen the method of 
Austria's increasing oppression by publishing a periodical 
called The Report of the Diet, which contained the speeches 
and proceedings of the national assembly of Hungary. 
When these printed reports were condemned by the Aus- 



506 IOWA JOURNAL OF HISTORY AND POLITICS 

trian censors of the press, he had, with the assistance of 
copyists, circulated the proceedings of the Diet in manu- 
script form. 31 He had been imprisoned and liberated again, 
and when Ignace Hainer entered upon his professional 
career, Kossuth through his paper, The Pesti Hirlap, was 
thundering his denunciations of Austria's perjured mon- 
archs, and calling upon Hungary to defend her constitu- 
tional liberties. 

Hainer soon became one of Kossuth's most enthusiastic 
assistants in publishing and circulating the Hirlap, and 
naturally came into prominence when the revolution began. 
In 1848 he was chosen a member of the staff of General 
Count Casimir Batthyanyi, a representative of an old and 
distinguished family of Hungarian nobility. Later Hainer 
was appointed Adjutant General under Batthyanyi, and 
when Batthyanyi was made Secretary of State under the 
Kossuth provisional government, Hainer was appointed his 
secretary. When the Hungarian cause was lost, Batthy- 
anyi escaped to France, and many of Hainer 's associates 
were either imprisoned in the fortresses of Hungary or 
condemned to death, but by reason of a singular clerical 
error, he escaped punishment. After the close of the war, 
he resumed the practice of law until 1854, when a royal edict 
decreed that all court pleadings both oral and written 
should, thereafter, be made in German instead of in Latin. 
Though thoroughly familiar with the German language, 
Hainer became indignant at this arbitrary ruling, gave up 
his law practice and came to America. He located in Chi- 
cago, where he met with financial reverses, and during the 
following year he set out with his family to join his country- 
men at New Buda. 

He had selected his land, had built his log cabin, and had 
entered upon his hitherto untried career as a farmer when 

si De Puy 's Kossuth and his Generals, pp. 135, 136. 



SOME HUNGARIAN PATRIOTS IN IOWA 507 

he was called to the more congenial life at Columbia, Mis- 
souri. He retained his position at the University for four 
years, or until the summer of 1860, when he and several 
other professors were dismissed on account of their anti- 
slavery sentiments. A few months later, the call of 1861 
took the young men from college halls to southern battle- 
fields, and for four years the University was practically 
closed. 

Mr. Hainer then returned to his farm, but the New Buda 
of Count Ujhazy's time was passing away. He replaced 
his log cabin by a typical Iowa farm-house, and there he 
spent the greater part of the remaining thirty years of his 
life, reading his beloved Latin and modern classics and edu- 
cating his children, four of whom were graduates of the 
Iowa Agricultural College at Ames. His sons developed 
the father's preference for the law. One was admitted to 
the bar in Nebraska, and from 1893 to 1897 was a represent- 
ative in Congress from that State. Another was one of the 
early settlers of Oklahoma and was for several years a 
federal judge of the Territory. The third son was for sev- 
eral years professor of physics at Ames, but later was ad- 
mitted to the bar in St. Louis. Mr. Hainer 's youngest 
daughter was graduated from Ames and afterwards became 
the wife of one of the professors in that institution. 

Mr. Hainer visited Hungary and Europe twice, once in 
1880 and again in 1885. Although he took no active part in 
politics, he was often elected to minor official positions, and 
was for several years postmaster at New Buda. 

STEPHEN EADNICH 

Among the Austrian prisoners of war in the fall of 1849 
was a boy less than eighteen years of age. He had come 
from one of the Danube counties, and had served in the 
heavy artillery under Hungary's Polish ally, the famous 
General Bern. His two elder brothers were in prominent 



508 IOWA JOURNAL OF HISTORY AND POLITICS 



army positions in different parts of the kingdom. The de- 
tachment to which this young man belonged had been cap- 
tured by the Russians and delivered by them to the 
Austrians. 

The prisoners were not guarded very rigorously, how- 
ever, for one day the young man with six others escaped 
from the house where they were quartered. A company of 
infantry was marching down the street on its way to the 
District Court rooms to receive orders for rations. Ming- 
ling with the crowd in the street, the escaped prisoners 
succeeded in entering the court room unobserved. The 
judge, an unwilling servant of Austria, was an uncle of the 
young man from the Danube. When he could do so without 
attracting attention, the young man explained his situation 
to his uncle and asked for a passport for himself and his 
comrades. The uncle explained that he could not prepare 
a regular passport without danger of detection by persons 
who might be spying upon him. But the tie of blood was 
too strong to be ignored, even at Austria's command. 
Handing his nephew a blank form, the judge instructed him 
to insert his own name and the names of his comrades. 
This done, the judge signed the paper, and explained to his 
nephew that it had no legal value, but that it would doubtless 
be readily accepted by friendly guards and under-officers in 
the army, and that it might also serve to deceive ignorant 
sentinels. 

Acting upon his uncle's advice, the young man and his 
friends waited until nightfall to make further efforts to 
escape. They started out just after sunset, and had almost 
reached the highway leading from the town to the open 
country when they were stopped by a sentinel who refused 
to look at their alleged passport, and probably could not 
have read it had he done so. Arguments and persuasions 
were alike unavailing. He was an Austrian sentinel and his 



SOME HUNGARIAN PATRIOTS IN IOWA 



509 



sympathies were with Austria. It was his duty to prevent 
any one from leaving the town, and it was evident that he 
proposed to discharge his duty. As a last resort, one of the 
patriots, a stalwart young fellow, sprang upon the sentinel, 
who at once shouted for help. The situation was serious. 
His outcry would soon have attracted the attention of a 
detachment of cavalry guarding that part of the town. A 
few moments ' delay meant recapture and punishment for 
the young patriots. The penalty for trying to escape and 
for assaulting a sentinel would, no doubt, be death. It was 
war ; the sentinel was their enemy ; it was their life or his. 
They took the natural alternative. A few moments later 
they were on their way to the mountains, leaving behind 
them a sentinel asleep at his post, but no Austrian court 
martial would ever bring him to trial. 

When the death of the sentinel was discovered, a detach- 
ment of cavalry was sent to recapture the fugitives. Per- 
haps the pursuit was not a very determined one. At any 
rate, the young men, hungry and ragged, succeeded in 
reaching the mountains, and were given food and shelter 
by the hardy, loyal mountaineers. Pushing over the moun- 
tains, they came to a stream across which was a bridge 
guarded by a detachment of Austrian cavalry. The fisher- 
men along the banks dared not row the young men across. 
After a delay of two or three days, the fugitives decided 
upon a bold movement. Eelying upon the fact that many 
officers as well as soldiers in the Austrian army were in 
sympathy with Hungary and had been impressed into the 
Austrian service, they determined to make an effort to cross 
the bridge. They reckoned well, so far as the first officer 
was concerned, for the guard at the bridge readily accepted 
the supposed passport. At that moment, however, a supe- 
rior officer approached and demanded the passport. He 
sternly accused the young men of being fugitives, and con- 

vol. xi — 33 



510 IOWA JOURNAL OF HISTORY AND POLITICS 

ducted them a little distance away for further examination. 
When alone with them his manner changed. He was a Hun- 
garian who had been forced into the Austrian service. 
Briefly, but very explicitly, he instructed the young men 
how to reach a convenient town on their way to the Danube, 
and told them of a butcher to whom they might apply for 
help. J ust as they were leaving, he slipped two silver pieces 
into the hand of the young man from the Danube. 

With the friendly help of the butcher, whom they easily 
found, and by virtue of the extreme leniency of a Eussian 
commander through whose lines they were obliged to pass, 
the fugitives escaped from immediate danger; and within 
one month after beginning his flight the young man from the 
Danube reached his uncle's home at Arcsen, one of the 
Danube towns. But escaping from a military prison and 
killing a sentinel were offenses which the Austrian govern- 
ment was not likely to pass over lightly. A cavalry com- 
pany was stationed at Arcsen and the uncle's premises 
were under surveillance, so the nephew was obliged to 
keep himself concealed. At length, influential friends suc- 
ceeded in securing for him a passport to America, and one 
day, evading the soldiers who were guarding his uncle's 
residence, he made his way to the river and boarded a 
passing barge. Danube bargemen were used to receiving 
such passengers, and this one accommodatingly hid the 
fugitive in his own quarters under the cargo of hay. A few 
weeks later, the young man arrived in Glasgow, and with 
twenty-four other refugees was given free passage to 
America by the Glasgow ship-owners. 

This is the story told one summer day in the living room 
of a large, white farm-house, a few miles from the old New 
Buda settlement. It was told by a gentle-voiced old man 
whose shoulders were stooped with the weight of more than 



SOME HUNGARIAN PATRIOTS IN IOWA 



511 



eighty years; but his brown hair and beard were only 
slightly streaked with gray. His blue eyes were clear and 
bright, and they twinkled merrily as he related his adven- 
ture with the Austrian officer at the bridge, or described his 
hay-barge journey on the Danube. This was Stephen Rad- 
nich, the last survivor of the New Buda group of patriots. 32 

For eleven years after arriving in America he tried his 
fortunes in Little Rock, in Louisville, Kentucky, and in 
Davenport, Iowa ; and then, in the latter part of 1861, joined 
his compatriots at New Buda. He entered his quarter- 
section of land and built his log cabin, to which, a year or 
so later, he brought his bride, the eldest daughter of Ignace 
Hainer. In a few years, the log cabin gave place to the, 
white farm-house, and other land was added to the original 
quarter-section, for Stephen Radnich was one of the few 
successful farmers of the New Buda community. His wife 
(Laura Hainer) died leaving two little children, and a few 
years later he married the daughter of an American family. 

For more than fifty years he occupied his homestead, 
living a quiet, prosperous life. There his children were 
born and have gone out, thorough American citizens, to 
establish homes of their own ; and there, since these chapters 
were begun, he departed this life. 

At one time and another, there were in the New Buda 
settlement probably thirty or forty of the exiled patriots, 
but those whose careers are sketched in the foregoing chap- 
ters, were the ones prominent in the history of the 
settlement, either by reason of the part they took in its 
establishment, or because of their long residence i